- (a) TxDOT will coordinate with TPWD on federal and state transportation projects that require an EA or EIS.
- (b) TxDOT may coordinate other projects that do not require an EA or EIS with TPWD at TxDOT's discretion.
(c) If TxDOT prepares a reevaluation for a transportation project that was previously coordinated with TPWD under any previous MOU, TxDOT will discuss the project changes with TPWD Transportation Staff when any of the following apply:
- (1) New impacts not included in previous coordination or increase in impacts from previous coordination to federal-listed or state-listed species, SGCN, or recorded rare plant communities in the TXNDD.
- (2) New or increased impacts to water resources that trigger a pre-construction notification or other permitting action with the U.S. Army Corps of Engineers.
- (3) Change to commitments made during previous coordination, including BMPs.
- (d) This subchapter does not apply to individual maintenance projects for which a programmatic environmental review is conducted under §2.133 of this chapter (relating to Maintenance Projects and Programs).
Source Note:The provisions of this §2.203 adopted to be effective July 20, 2021, 46 TexReg 4375; amended to be effective June 10, 2026, 51 TexReg 3812.