Section 7.127 - Memorandum of Understanding between the Texas Commission on Environmental Quality and the Texas Department of Transportation(a) Background and Purpose. (1) Texas Water Code (TWC), §26.053, relating to the creation of the Don't Mess with Texas Water Program (Program), was enacted by House Bill 451, 82nd Legislature, 2011 and became effective September 1, 2011. Under TWC, §26.053, the Texas Commission on Environmental Quality (TCEQ) is required to establish a program to prevent illegal dumping that affects the surface waters of the state by placing signs on major highway water crossings that notify drivers of a toll-free number, established by the TCEQ, to call to report illegal dumping. TWC, §26.053(d) requires the Texas Department of Transportation (TxDOT) to cooperate with TCEQ in the placement of the signs along state highways and TWC, §26.053(e) requires TxDOT to post such a Program sign when the previously posted sign identifying the crossing or prohibiting dumping at the crossing is scheduled to be replaced. Under state law, TxDOT is responsible for posting signs along state highways under its jurisdiction. Counties, cities, and other local governments are responsible for placing signs along highways, roads, and streets under their respective jurisdictions.(2) The purpose of this Memorandum of Understanding is to develop a framework of cooperation between TCEQ and TxDOT for the implementation of TWC, §26.053.(b) TCEQ shall: (1) identify major highway water crossings on which signs are to be placed under subsection (c)(1) of this section, prioritize those locations for the placement of the signs, giving priority to the locations that will have the greatest impact on preventing illegal dumping that affects the surface waters of the state, and provide a prioritized list of those locations to TxDOT;(2) coordinate with TxDOT on the design and quantity of Program signs and a timeline for the fabrication and installation of Program signs on the state highway rights of way; and(3) coordinate with local governments concerning their participation in the Program and provide information about the requirements of the location of, and a local government's obligation to pay for, install, and maintain, a Program sign on a highway under the jurisdiction of the local government and the requirement of obtaining a license to use TxDOT's registered "Don't Mess with Texas" slogan.(c) TxDOT shall: (1) provide and install on state highways under the jurisdiction of TxDOT a total of not more than 20 Program signs, in accordance with the priority list of locations provided under subsection (b)(1) of this section, as soon as practicable and before those signs are scheduled to be replaced, as required by TWC, §26.053(e);(2) coordinate with TCEQ on the design and quantity of Program signs and a timeline for the fabrication and installation of Program signs on the state highway rights of way;(3) coordinate with TCEQ and local governments on the placement of any additional signs paid for by local governments and placed along state highways, roads, and streets under the jurisdiction of the local governments;(4) work with each local government that is approved by TCEQ and TxDOT to provide, install, and maintain a Program sign for the local government to obtain a license for the use of the Don't Mess with Texas slogan on the Program sign; and(5) maintain the Program signs that are placed along state highways under the jurisdiction of TxDOT.(d) General conditions. (1) A modification of this agreement must be made by mutual consent of the parties and only by the issuance of a written modification, signed and dated by authorized officials.(2) This agreement is effective upon execution of both agencies.30 Tex. Admin. Code § 7.127
The provisions of this §7.127 adopted to be effective December 27, 2012, 37 TexReg 9943