(a) WHEREAS, the 73rd Texas Legislature established the Texas Coastal Ocean Observation Network (TCOON) as a cooperative project of Texas A&M University-Corpus Christi (TAMU), Lamar University, the Texas Water Development Board (TWDB), and the Texas General Land Office (GLO) to collect data on natural processes affecting the Texas coast for the purpose of studying, planning for, and managing human uses of the coast as affected by natural processes; and
(b) WHEREAS, the participating state entities have been authorized to coordinate the operation of the TCOON with the National Oceanic and Atmospheric Administration (NOAA), other appropriate federal entities, and private entities; and
(c) WHEREAS, the National Ocean Service (NOS), a division of NOAA, has established "NATIONAL STANDARDS AND PROCEDURES" for the measurement of sea levels and tidal datums; and
(d) WHEREAS, the GLO has entered into an agreement with TAMU for the operation and maintenance of the equipment and for data collection; and
(e) WHEREAS, the TWDB and the GLO desire to ensure TCOON compliance with NOS standards and procedures in order to provide an accurate determination of tidal datums, boundaries of coastal public land, and sea level fluctuations along the Texas coast;
(f) NOW THEREFORE in consideration of the benefits to the State of Texas, the parties hereby agree as follows:
  (1) The parties will jointly coordinate all aspects of the installation and operation of the TCOON, including coastal site selections and technical operating procedures, in order to ensure the accuracy of the collected data.
  (2) This Memorandum of Agreement shall be effective September 1, 2005, and shall remain in effect unless terminated by either party upon thirty (30) days’ written notice.
(g) The GLO certifies that it has the authority to enter into this Memorandum of Agreement by virtue of the authority granted in Section 31.051, TEXAS NAT. RES. CODE and Chapter 771, TEXAS GOV'T CODE.
(h) The TWDB certifies that it has the authority to enter into this Memorandum of Agreement by virtue of the authority granted in Section 6.190, TEXAS WATER CODE and Chapter 771, TEXAS GOV'T CODE.
(i) Dated September 28, 2005.

Source Note: The provisions of this §354.11 adopted to be effective November 13, 2016, 41 TexReg 8827