reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.058. Agreement to Use or Cultivate Right-of-Way

Sec. 202.058.  AGREEMENT TO USE OR CULTIVATE RIGHT-OF-WAY.  (a)  The department may agree with the owner of real property abutting or adjoining property acquired by the department for the right-of-way of a road in the state highway system, allowing the owner to use or cultivate a portion of the right-of-way not required for immediate use by the department.
(b)  An agreement must be in writing and may provide for:
(1)  use or cultivation of the property;
(2)  construction of improvements on the property;
(3)  placement of fences on the property;  and
(4)  other matters.
(c)  The director or the director's authorized representative and the owner of the property shall execute the agreement.
(d)  The department may not execute an agreement that would impair or relinquish the state's right to use the property for a right-of-way purpose when the property is needed to construct or reconstruct the road for which it was acquired.
(e)  Use by the owner of adjoining or abutting property under this section is not abandonment of the property by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.059. Mowing, Baling, Shredding, and Hoeing Material on Right-of-Way

Sec. 202.059.  MOWING, BALING, SHREDDING, AND HOEING MATERIAL ON RIGHT-OF-WAY.  (a)  A department district engineer, on request of a person, may, but is not required to, permit the person to mow, bale, shred, or hoe material on the right-of-way of a portion of a state highway that is in the district supervised by that engineer.
(b)  In a county with a population of more than 10,000, if the person requesting permission under Subsection (a) is not the owner of the real property adjacent to the right-of-way that is the subject of the request, the district engineer must first provide the owner of the property the option of mowing, baling, shredding, or hoeing material on the right-of-way before granting permission to another person.
(c)  A person permitted to mow, bale, shred, or hoe the right-of-way may not receive compensation for the mowing, baling, shredding, or hoeing but is entitled to use or dispose of the hay or other material produced.
(d)  The state, the department, and the district engineer are not liable for any property damage, personal injury, or death resulting from the performance of a service or agreement under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 919 (H.B. 463), Sec. 1, eff. June 18, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.060. Living Logos; Pilot Project

Sec. 202.060.  LIVING LOGOS;  PILOT PROJECT.  (a)  The commission may adopt rules implementing a pilot project for the leasing of state highway right-of-way, subject to any applicable federal regulation of outdoor advertising, as a location or locations for commercial advertising by means of a floral mosaic living logo.
(b)  Rules adopted under this section shall:
(1)  provide for the award of a lease in a manner that maximizes revenue to the state;
(2)  regulate the content, composition, placement, installation, and maintenance of a floral mosaic living logo;
(3)  set a bond for faithful performance of the lessee;
(4)  provide for the public safety;
(5)  ensure that installation and maintenance of a floral mosaic living logo will not interfere with access to, or be inconsistent with the use of, abutting property;  and
(6)  include such other matters as may be necessary to protect the integrity of the involved highway.
(c)  A floral mosaic living logo installed or placed under this section may not contain a message, symbol, or trademark that resembles an official traffic-control device.
(d)  This section applies to state highway right-of-way in a county with a population of 500,000 or more.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.16, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.061. Environmental Covenant

Sec. 202.061.  ENVIRONMENTAL COVENANT.  (a)  The commission may enter into an environmental covenant for the purpose of subjecting real property in which the department has an ownership interest to a plan or the performance of work for environmental remediation if the plan or work performed is first approved by the Texas Commission on Environmental Quality or a federal agency with the authority to approve the plan or work under the applicable laws and regulations.
(b)  The environmental covenant must:
(1)  contain a legally sufficient description of the property subject to the covenant;
(2)  describe the nature of the contamination on or under the property, including the contaminants, the source, if known, and the location and extent of the contamination; and
(3)  describe the activity and use limitations on the property.
(c)  The plan or performance of work for environmental remediation must:
(1)  meet applicable state and federal standards for environmental remediation; and
(2)  bring the property into compliance with zoning or land use controls imposed on the property by each applicable local government.
(d)  For each property for which the commission may enter into an environmental covenant, the commission by order may authorize the executive director to execute an environmental covenant on behalf of the commission.  Not less than 30 days before the date the commission considers a proposed order under this subsection, the commission must mail to each owner of a property interest in the applicable property, each adjacent landowner, and each applicable local government a notice that includes a clear and concise description of the proposal to enter into the environmental covenant and a statement of the manner in which written comments may be submitted to the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 743 (S.B. 480), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter D. Reclaimed Asphalt Pavement › Section 202.081. Definition

Sec. 202.081.  DEFINITION.  In this subchapter "reclaimed asphalt pavement" means hot mix asphalt pavement and any accompanying tack coat, seal coat, or chip seal removed as millings or broken pavement pieces from a road during construction, reconstruction, or repavement under the authority of the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter D. Reclaimed Asphalt Pavement › Section 202.082. Disposal of Asphalt

Sec. 202.082.  DISPOSAL OF ASPHALT.  (a)  The department shall dispose of all reclaimed asphalt pavement from a road in the state highway system in the most cost-effective and environmentally sensitive manner the department considers appropriate, giving priority to political subdivisions of this state for the maintenance, development, and construction of public works projects.
(b)  Disposal of reclaimed asphalt pavement under this section is not subject to:
(1)  Chapter 2175, Government Code; or
(2)  the statutory or regulatory authority of the comptroller formerly exercised by the General Services Commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.11(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.111, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.091. Definition

Sec. 202.091.  DEFINITION.  In this subchapter, "telecommunications" means any transmission, emission, or reception of signs, signals, writings, images, or sounds of intelligence of any nature by wire, radio, optical, or other electromagnetic systems.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.092. Use of Department Facilities

Sec. 202.092.  USE OF DEPARTMENT FACILITIES.  Notwithstanding any other law, a telecommunications provider may not place or maintain its facilities or otherwise use improvements, including structures, medians, conduits, or telecommunications equipment or lines, constructed or installed by the state as components of the state highway system except by a lease under Section 202.052 or an agreement under Section 202.093.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.093. Agreement

Sec. 202.093.  AGREEMENT.  (a)  Notwithstanding any other law, the department may enter into an agreement with a telecommunications provider allowing the provider, for the provider's commercial purposes, to:
(1)  place the provider's telecommunications facilities within the median of a divided state highway;  or
(2)  place lines within or otherwise use telecommunications facilities owned or installed by the state in or on the improved portion of a state highway, including a median, structures, equipment, conduits, or any other component of the highway facilities constructed or owned by the department.
(b)  An agreement entered into under Subsection (a) may provide for compensation between the department and the telecommunications provider in the form of cash or the shared use of facilities.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.094. Competitive Sealed Proposal

Sec. 202.094.  COMPETITIVE SEALED PROPOSAL.  (a)  Before entering into an agreement with a telecommunications provider under this subchapter, the department shall follow a procedure using competitive sealed proposals.
(b)  The department shall solicit proposals by a request for proposals and shall publish notice of the request in at least two newspapers of general circulation and in the Texas Register.
(c)  The proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation.  After a contract is awarded, all proposals that have been submitted shall be open for public inspection subject to Subchapter C, Chapter 552, Government Code.
(d)  The department may discuss an acceptable or potentially acceptable proposal with an offeror to assess the offeror's ability to meet the solicitation requirements.  After the submission of a proposal but before making an award, the department may permit the offeror to revise the proposal in order to obtain the best final offer.  The department may not disclose any information derived from proposals submitted from competing offerors in conducting discussions under this section.  The department shall provide each offeror with an equal opportunity for discussion and revision of proposals.
(e)  The department shall make a written award of a contract to the offeror whose proposal is the most advantageous to the state, considering price and the evaluation factors in the request for proposals, except that if the department finds that none of the offers is acceptable, it shall refuse all offers.  The contract file must state in writing the basis on which the award is made.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.095. Applicability

Sec. 202.095.  APPLICABILITY.  (a)  Subtitle D, Title 10, Government Code, does not apply to a procurement under this subchapter.
(b)  This subchapter does not limit a telecommunications provider from placing lines or facilities in the unimproved portion of state highway right-of-way to the extent authorized by applicable law.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.096. Revenue

Sec. 202.096.  REVENUE.  The department shall deposit in the state highway fund any revenue received under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter E. Telecommunications Facilities › Section 202.097. Rulemaking

Sec. 202.097.  RULEMAKING.  The commission shall adopt rules for the implementation of this subchapter.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter F. Advance Acquisition of Property › Section 202.111. Definition

Sec. 202.111.  DEFINITION.  In this subchapter, "advance acquisition" means an acquisition by the commission under Section 202.112.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 3.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter F. Advance Acquisition of Property › Section 202.112. Advance Acquisitions

Sec. 202.112.  ADVANCE ACQUISITIONS.  (a)  The commission may acquire real property or an interest in real property or purchase an option to acquire real property for possible use in or in connection with a transportation facility before:
(1)  a final decision has been made as to whether the transportation facility will be located on that property; or
(2)  environmental clearance has been issued for the transportation facility by the appropriate federal or state authority.
(b)  An advance acquisition shall be made by the commission using the procedures authorized under Subchapter D of Chapter 203 or other law authorizing the commission or the department to acquire real property or an interest in real property for a transportation facility.  If the commission acquires real property or an interest in real property under Subchapter D of Chapter 203 or other law, the commission may make an advance acquisition in the manner provided by this subchapter.
(c)  The commission may not make an advance acquisition by condemnation.
(d)  An option to acquire real property purchased under this section may not expire later than the fifth anniversary of the date the option was purchased and may be renewed for subsequent periods that expire not later than the fifth anniversary of the date the option was renewed, by agreement of the commission and the grantor of the option or the grantor's heirs or assigns.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 3.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.06, eff. June 14, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 5, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 862 (H.B. 2646), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter F. Advance Acquisition of Property › Section 202.113. Disposal of Surplus Property

Sec. 202.113.  DISPOSAL OF SURPLUS PROPERTY.  (a)  Except as provided by Subsection (b), the commission shall dispose of property acquired by advance acquisition that is not needed for a transportation facility in the manner provided by Subchapter B.
(b)  Notwithstanding any other law, the commission first shall offer property described by Subsection (a) for sale to the person from whom the commission acquired the property at a price that is equal to the lesser of:
(1)  the price the commission paid the person to acquire the property; or
(2)  the fair market value of the property at the time it is offered for sale under this subsection, taking into account any damage to the property.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 3.02, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 862 (H.B. 2646), Sec. 3, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter F. Advance Acquisition of Property › Section 202.114. Management

Sec. 202.114.  MANAGEMENT.  If requested by the department, property acquired by advance acquisition may be managed by the General Land Office on behalf of the department as the department and the General Land Office may agree.  Subchapter E, Chapter 31, Natural Resources Code, does not apply to property acquired under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 3.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter A. General Provisions › Section 203.001. Definitions

Sec. 203.001.  DEFINITIONS.  In this chapter:
(1)  "Controlled access highway" means a designated state highway to or from which access is denied or controlled, in whole or in part, from or to adjoining real property or an intersecting public or private way, without regard to whether the designated state highway is located in or outside a municipality.
(2)  "Person" includes an individual, corporation, association, or firm.
(3)  "Public or private way" includes a street, road, highway, or alley.
(4)  "State agency" includes a department or agency of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter A. General Provisions › Section 203.002. Modern State Highway System

Sec. 203.002.  MODERN STATE HIGHWAY SYSTEM.  To promote public safety, facilitate the movement of traffic, preserve the public's financial investment in highways, promote the national defense, and accomplish the purposes of this chapter, the commission may:
(1)  lay out, construct, maintain, and operate a modern state highway system, with emphasis on the construction of controlled access highways;
(2)  plan for future highways; and
(3)  convert where necessary an existing street, road, or highway into a controlled access highway in accordance with modern standards of speed and safety.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 23.001, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter A. General Provisions › Section 203.003. Jurisdiction

Sec. 203.003.  JURISDICTION.  (a)  Subject to Section 203.021, the commission may lay out, construct, maintain, and operate a designated state highway, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare, in any area of this state, whether in or outside a municipality, including a home-rule municipality.
(b)  Subject to Section 203.021, the department and the commission may exercise any power granted by this chapter in a county or municipality without the consent of the county or municipality.
(c)  The department's or the commission's exercise of a power under this chapter in a county or municipality removes the county's or municipality's exclusive jurisdiction over the specific public way affected by the exercise of power, to the extent the exercise of power affects the public way and its use.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter B. Public Hearings and Comment › Section 203.021. Public Hearings

Sec. 203.021.  PUBLIC HEARINGS.  (a)  For a highway project that bypasses or goes through a county or municipality, including a home-rule municipality, the commission shall hold at least one public hearing in the locality before an authorized representative of the commission.
(b)  Notice of the hearing shall be by publication in the locality.  The hearing shall be held not less than three or more than 10 days after the date of publication.
(c)  At least seven days before the date of the public hearing, the department shall file with the governing body of the county or municipality the design and schematic layout of the project.
(d)  A person interested in the development of the project is entitled to attend the hearing and discuss and inspect the design and schematic layout filed with the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter B. Public Hearings and Comment › Section 203.022. Rules Governing Notice and Comment

Sec. 203.022.  RULES GOVERNING NOTICE AND COMMENT.  (a)  The department shall by rule provide owners of adjoining property and affected local governments and public officials with notice and an opportunity for comment on a state highway project that involves:
(1)  the addition of one or more vehicular lanes to an existing highway;  or
(2)  the construction of a highway at a new location.
(b)  The department shall by rule provide additional notice and opportunity for comment on a project described by Subsection (a) if conditions relating to land use, traffic volumes, and traffic patterns have changed significantly since the project was originally subject to public review and comment.
(c)  The department shall by rule provide procedures for informing adjoining property owners and affected local governments and public officials of impending construction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter B. Public Hearings and Comment › Section 203.023. Substantial Change in Layout or Function

Sec. 203.023.  SUBSTANTIAL CHANGE IN LAYOUT OR FUNCTION.  The commission by rule shall require a hearing for projects that substantially change the layout or function of a connecting roadway or an existing facility, including the addition of managed lanes, high-occupancy vehicle lanes, bicycle lanes, bus lanes, and transit lanes.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 21, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter C. Control of Access › Section 203.032. Precedence of Commission Order

Sec. 203.032.  PRECEDENCE OF COMMISSION ORDER.  (a)  Except as provided by Subsection (b), an order of the commission under Section 203.031 supersedes a conflicting rule or ordinance of a state agency or subdivision of this state or any county or municipality, including a home-rule municipality.
(b)  An order of the commission under Section 203.031(a)(2) or (4) does not supersede a conflicting rule or ordinance of a municipality, including a home-rule municipality, or a conflicting ordinance, resolution, or order of a county with a population of 3.3 million or more or a county adjacent to a county with a population of 3.3 million or more, unless the United States Department of Transportation Federal Highway Administration notifies the department that enforcement of the rule, ordinance, resolution, or order would impair the ability of the state or the department to receive funds for highway construction or maintenance from the federal government.
(c)  Subsection (b) does not apply when the department owns the access rights.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1174, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 318 (S.B. 637), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter C. Control of Access › Section 203.033. Injunction Against Denial of Access

Sec. 203.033.  INJUNCTION AGAINST DENIAL OF ACCESS.  A court may not grant an injunction to prevent or stay a commission order of denial of previously existing access to a state highway unless an owner or lessee of real property that adjoins the part of the highway to which access is denied under the commission's order:
(1)  brings the suit at which the injunction is sought;  and
(2)  has not released any claim for damages resulting from the denial of access or a condemnation suit has not been commenced to ascertain the damages.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter C. Control of Access › Section 203.034. Right to Access; Damages for Denial of Access

Sec. 203.034.  RIGHT TO ACCESS;  DAMAGES FOR DENIAL OF ACCESS.  (a)  An owner of real property adjoining a new controlled access highway location is not entitled to access to the new highway location as a matter of right.
(b)  Denial of access to or from a new controlled access highway location is not a ground for special or exemplary damages unless:
(1)  in connection with the purchase or condemnation of the real property adjoining the new controlled access highway location and to be used in the new highway location, the commission specifically authorizes access to or from particular real property adjoining the new highway location;  and
(2)  the commission denies highway access to or from the particular land where the real property adjoins the new highway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.051. Acquisition of Property Authorized

Sec. 203.051.  ACQUISITION OF PROPERTY AUTHORIZED.  (a)  The commission may acquire by purchase, on terms and conditions the commission considers proper or by the exercise of eminent domain, in the name of the state:
(1)  an interest in real property;
(2)  any property rights, including:
(A)  a right of ingress or egress;  and
(B)  a reservation right in real property that restricts or prohibits for not more than seven years the:
(i)  addition of a new improvement on the real property;
(ii)  addition to or modification of an existing improvement on the real property;  or
(iii)  subdivision of the real property;  and
(3)  timber, earth, stone, gravel, or other material.
(b)  Chapter 21, Property Code, applies to an acquisition by eminent domain.
(c)  The department may condemn the fee or a lesser interest in the property.
(d)  The department shall, in a statement or petition in condemnation, exclude from the interest to be condemned all the oil, gas, and sulphur that can be removed from beneath the real property.  This exclusion shall be made without providing the owner of the oil, gas, or sulphur any right of ingress or egress to or from the surface of the land to explore, develop, drill, or mine the real property.
(e)  Subsection (a) does not authorize the commission to condemn property that is used and dedicated for cemetery purposes under Subtitle C, Title 8, Health and Safety Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.052. Commission Determination Required

Sec. 203.052.  COMMISSION DETERMINATION REQUIRED.  (a)  The commission may acquire an interest in real property, a property right, or a material under Section 203.051 only if the commission determines that the acquisition is necessary or convenient to a state highway to be constructed, reconstructed, maintained, widened, straightened, or extended.
(b)  Property necessary or convenient to a state highway for purposes of Subsection (a) includes an interest in real property, a property right, or a material that the commission determines is necessary or convenient to:
(1)  protect a state highway;
(2)  drain a state highway;
(3)  divert a stream, river, or other watercourse from the right-of-way of a state highway;
(4)  store materials or equipment for use or used in the construction or maintenance of a state highway;
(5)  construct or operate a warehouse or other facility used in connection with the construction, maintenance, or operation of a state highway;
(6)  lay out, construct, or maintain a roadside park;
(7)  lay out, construct, or maintain a parking lot that will contribute to maximum use of a state highway with the least possible congestion;
(8)  mitigate an adverse environmental effect that directly results from construction or maintenance of a state highway;
(9)  subject to Subsection (c), provide a location for an ancillary facility that is anticipated to generate revenue for use in the design, development, financing, construction, maintenance, or operation of a toll project, including a gas station, garage, store, hotel, restaurant, or other commercial facility;
(10)  construct or operate a toll booth, toll plaza, service center, or other facility used in connection with the construction, maintenance, or operation of a toll project; or
(11)  accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway.
(c)  The commission may not acquire property for an ancillary facility through the exercise of eminent domain, unless the acquisition of the property is for one of multiple ancillary facilities included in a comprehensive development plan approved by the county commissioners court of each county in which the property is located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.10, eff. June 14, 2005.
Acts 2005, 79th Leg., 2nd C.S., Ch. 1 (S.B. 7), Sec. 3, eff. November 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.0521. Acquisition of Remainder

Sec. 203.0521.  ACQUISITION OF REMAINDER.  (a)  If a proposed acquisition of a tract of real property under Section 203.052 would leave the owner of the property a remainder of the tract, the department may negotiate for and purchase the remainder or any part of a severed real property if the department and the owner agree on terms for the purchase.  The department shall offer, except as provided by Subsection (f), to purchase a remainder if the department determines that:
(1)  the remainder has little or no value or utility to the owner; or
(2)  the entire tract could be acquired for substantially the same compensation as the partial tract.
(b)  In acquiring real property under Section 203.051, if the acquisition severs an owner's real property, the department shall pay:
(1)  the value of the property acquired; and
(2)  the damages to the remainder of the owner's property caused by the severance, including damages caused by the inaccessibility of one tract from the other.
(b-1)  If a portion of a tract or parcel of real property that, for the then current tax year was appraised for ad valorem tax purposes under a law enacted under Section 1-d or 1-d-1, Article VIII, Texas Constitution, and that is outside the municipal limits or the extraterritorial jurisdiction of a municipality with a population of 25,000 or more is condemned for state highway purposes, the special commissioners shall consider the loss of reasonable access to or from the remaining property in determining the damage to the property owner.
(c)  Instead of a single fixed payment for real property purchased under Subsection (a) for a toll project, the department may agree to a payment to the owner in the form of:
(1)  an intangible legal right to receive a percentage of identified revenue attributable to the applicable segment of the toll project; or
(2)  a right to use, without charge, a segment or part of the toll project.
(d)  A right to receive revenue under Subsection (c)(1) is subject to any pledge of the revenue under the terms of a trust agreement securing bonds issued for the applicable segment of the toll project.
(e)  The department and its designated agents may enter the real property to conduct an appraisal, survey, or environmental investigation to determine whether the department will offer to acquire the real property.
(f)  The department is not required under Subsection (a) to make an offer on a remainder if an appraisal or environmental investigation indicates the presence of hazardous materials or substances.
Added by Acts 1997, 75th Leg., ch. 224, Sec. 1, eff. May 23, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.11, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.053. Location of Property Acquired; Public Property

Sec. 203.053.  LOCATION OF PROPERTY ACQUIRED;  PUBLIC PROPERTY.  (a)  The authorization under this subchapter to purchase or exercise the power of eminent domain is not affected by the location of the real property, the location of the real property right, or the location of the material.  This subsection applies without regard to whether the location is in or outside a municipality.
(b)  Under this subchapter, the commission may purchase or condemn real property, property rights, and materials that belong to the public, whether under the jurisdiction of the state, a state agency, a county, a municipality, including a home-rule municipality, or an entity or subdivision of a county or municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.054. Attorney General Shall Bring Suit

Sec. 203.054.  ATTORNEY GENERAL SHALL BRING SUIT.  (a)  Except as provided by Subsection (b), the attorney general, at the request of the commission, shall bring and prosecute a condemnation suit of the commission under this subchapter.
(b)  At the request of the attorney general, the appropriate county or district attorney or criminal district attorney shall prosecute the suit.
(c)  The suit shall be brought in the name of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.055. Acquisition of Rights in Public Real Property

Sec. 203.055.  ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.  (a)  The governing body of a political subdivision or public agency that owns or is in charge of public real property may consent to the use of the property for highway purposes.
(b)  The governing body of a political subdivision or public agency may, without advertisement, convey the title to or rights or easements in real property that the department needs for highway purposes.
(c)  Notwithstanding any law to the contrary, at the request of the department, a political subdivision or a state agency may lease, lend, grant, or convey to the department real property, including a highway or real property currently devoted to public use, that may be necessary or appropriate to accomplish the department's purposes.  The political subdivision or state agency may lease, lend, grant, or convey the property:
(1)  on terms the subdivision or agency determines reasonable and fair; and
(2)  without advertisement, court order, or other action or formality other than the regular and formal action of the subdivision or agency concerned.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.12, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.056. Consent to Use of State Property

Sec. 203.056.  CONSENT TO USE OF STATE PROPERTY.  (a)  The commission may use real property owned by the state, including submerged real property, that the commission could acquire under this subchapter for highway purposes.
(b)  This section does not deprive the School Land Board of authority to execute a lease authorized by law for the development of oil, gas, or another mineral on state-owned real property adjoining a state highway or in a tidewater limit and for that purpose a lease executed by the School Land Board may provide for directional drilling from real property adjoining a state highway or from a tidewater area.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.057. Cooperation of State Agency

Sec. 203.057.  COOPERATION OF STATE AGENCY.  (a)  The commission shall advise and make arrangements with the state agency that has jurisdiction over the state-owned real property to accomplish the purpose of Section 203.056.
(b)  The state agency shall cooperate with the department in connection with the use of real property under Section 203.056.  If the agency is not expressly authorized to act through a designated representative, the agency may do whatever act is necessary under Section 203.056 by and through the presiding officer of its board, or its department head or executive director, as appropriate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.058. Compensation for State Agency

Sec. 203.058.  COMPENSATION FOR STATE AGENCY.  (a)  If the acquisition of real property, property rights, or material by the department from a state agency under this subchapter will deprive the agency of a thing of value to the agency in the exercise of its functions, adequate compensation for the real property, property rights, or material shall be made.
(b)  The compensation shall be paid on vouchers drawn for this purpose payable to the state agency providing the real property, property rights, or material.
(c)  A payment made to an agency furnishing real property, property rights, or material shall be credited to the appropriation item or account for that agency from which expenditures of that character were originally made.
(d)  If an appropriation item or account as described by Subsection (c) does not exist, the payment shall be credited to the appropriate account of the state agency, as determined by the comptroller.
(e)  If the department and the state agency are unable to agree on adequate compensation, the General Land Office shall determine the fair, equitable, and realistic compensation to be paid.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.059. Purchase of Lease Rights

Sec. 203.059.  PURCHASE OF LEASE RIGHTS.  (a)  Before acquiring property under this subchapter, the department may purchase the right to lease the property to a third party.
(b)  The department may make a purchase under Subsection (a) only if the department first determines that the owner is unable to lease or rent the property because of the impending acquisition by the department.
(c)  The consideration for the purchase of a lease right under this section may not exceed the fair market rental value of the property as determined by the department and shall be credited against the total compensation due the owner when the department acquires the property.
(d)  Payment under this section may be made in periodic increments until the property is acquired by the department.  The aggregate total of payments before acquisition may not exceed the department's approved appraised value of the property.
(e)  The department shall adopt rules to implement this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.060. Payment Procedure

Sec. 203.060.  PAYMENT PROCEDURE.  The comptroller may issue a warrant on the appropriate account to pay for real property or an interest in real property when presented with a properly executed deed for the real property or interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.061. Payment Procedure if Owner Fails to Deliver Executed Deed; Escrow

Sec. 203.061.  PAYMENT PROCEDURE IF OWNER FAILS TO DELIVER EXECUTED DEED;  ESCROW.  (a)  If the owner of property acquired by the department under this subchapter fails to deliver an executed deed before payment of consideration, the comptroller may issue a warrant on the appropriate account in payment of the consideration.  The consideration shall be placed in escrow with a national or state bank that is:
(1)  authorized to do business in this state;  and
(2)  located in the county of the residence of the owner or the county in which the real property is located.
(b)  If there is not a bank that satisfies the requirements of Subsection (a)(2), the consideration shall be placed in a national or state bank authorized to do business in this state in an adjoining county or the nearest available banking facility.
(c)  Consideration placed in escrow under this section shall be delivered to the owner on receipt of the properly executed deed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.062. Payment for Real Property Acquired by Eminent Domain

Sec. 203.062.  PAYMENT FOR REAL PROPERTY ACQUIRED BY EMINENT DOMAIN.  (a)  If the department acquires real property through the exercise of the power of eminent domain, the comptroller may issue a warrant as required by the judgment of the court.
(b)  The comptroller may also issue a warrant to be deposited into the court as required by law to entitle the department to take possession of the property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.063. Payment Procedures in Addition to Other Procedures Authorized by Law

Sec. 203.063.  PAYMENT PROCEDURES IN ADDITION TO OTHER PROCEDURES AUTHORIZED BY LAW.  The payment procedures specified by Sections 203.060, 203.061, and 203.062 are in addition to any other procedure or method authorized for the issuance of a warrant by the comptroller on request of the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.064. Acquisition of Freeway by Gift or Devise

Sec. 203.064.  ACQUISITION OF FREEWAY BY GIFT OR DEVISE.  (a)  The commission may acquire by gift or devise a property necessary to lay out, construct, maintain, or operate a section of a state highway as a freeway.
(b)  In this section, "freeway" means a state highway for which the right of access to or from adjoining real property has been acquired in whole or in part from the owners of the adjoining property by the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.065. Acquisition of Freeway by County Commissioners Court

Sec. 203.065.  ACQUISITION OF FREEWAY BY COUNTY COMMISSIONERS COURT.  (a)  A county commissioners court may acquire by gift, devise, purchase, or condemnation a property necessary to lay out, construct, maintain, or operate a section of a state highway as a freeway.
(b)  In this section, "freeway" has the meaning assigned by Section 203.064(b).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.