1. (a) TPWD maintains the TXNDD. The TXNDD contains information on listed and proposed threatened and endangered species, both state and federal, SGCN, important remnant native vegetation, and other features of Texas natural history. TPWD will continue to provide TXNDD information to TxDOT.
2. (b) This MOU authorizes certain limited use and distribution of this information, and specifies security requirements. The mechanisms established for transferring electronic TXNDD information from TPWD to TxDOT will be used to transfer electronic information relevant to this subchapter, such as TCAP data and EMST data.
3. (c) The TXNDD is the property of TPWD.
4. (d) Except as provided in subsection (e) of this section, TxDOT will not release the TXNDD or any portion of it to outside parties unless TxDOT receives a request under the Texas Public Information Act for the TXNDD or information contained therein, in which case TxDOT will notify TPWD of the request.
5. (e) Texas Public Information Act requests for copies of approved environmental review documents and environmental reports that contain information from the TXNDD do not require TPWD notification.
6. (f) TxDOT will conduct training on access and use of the TXNDD as it relates to transportation projects. The training will be developed jointly by TxDOT and TPWD.
7. (g) TxDOT will provide completed TXNDD reporting forms for observations of tracked SGCN occurrences within TxDOT project areas.
8. (h) TXNDD reporting requirements shall be incorporated into the site assessment protocol.

Source Note:The provisions of this §2.204 adopted to be effective September 1, 2013, 38 TexReg 3814.