1. (a) Except as provided in subsection (b) of this section, this subchapter generally applies to:

   1. (1) a transportation project for which an environmental review is being or will be performed under this chapter; or
   2. (2) any other type of project coordinated by TxDOT in compliance with the requirements of this section.

2. (b) Work in TxDOT right-of-way that is not associated with a project for which TxDOT is the project sponsor under 43 TAC §2.7 of this chapter (relating to Project Sponsor) is the responsibility of the project sponsor and not of TxDOT (see Natural Resources Code, §191.0525). The project sponsor is responsible for coordinating directly with THC for such work. Examples of projects that will be coordinated by the non-TxDOT project sponsor directly with THC include but are not limited to:

   1. (1) on-system highway projects funded entirely with local funds;
   2. (2) utility relocations or installations within TxDOT right-of-way sponsored by other entities; and
   3. (3) driveway and access connections sponsored by other entities.
3. (c) TxDOT transportation projects may be coordinated with THC outside the terms of this MOU with notification of THC.

Source Note:The provisions of this §2.252 adopted to be effective August 15, 2018, 43 TexReg 5237.