(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.
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