Texas Transportation Code Title 6, Chapter 202 - Control Of Transportation Assets
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 202.001 - Administration
(a) The commission may maintain state highways. (b) A county is: (1) not liable for expenses associated with the maintenance of a state highway; and...
SUBCHAPTER B SALE, EXCHANGE, OR RETURN OF HIGHWAY PROPERTY
- Texas Section 202.002 - Funds
(a) The commission shall use automobile registration fees in the state highway fund to maintain state highways and may not divert funds from automobile registration...
- Texas Section 202.021 - Real Property No Longer Needed
(a) The commission may recommend to the governor the sale or transfer of any interest in real property, including a highway right-of-way, that: (1) was...
- Texas Section 202.022 - Notice Of Sale
Notice of a sale to the general public must be published in the English language: (1) once a week for three consecutive weeks, with the...
- Texas Section 202.023 - Sale Of Real Property By Bid
(a) A sale to the general public of an interest in real property under this subchapter is by sealed bid and may not be for...
- Texas Section 202.024 - Exchange Of Real Property
The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway...
- Texas Section 202.025 - Execution Of Deed: Method
The governor, on the recommendation of the commission, may execute a deed relinquishing and conveying under this subchapter the state's interest in real property as...
- Texas Section 202.026 - Reconveyance Of Property Acquired For Freeway
(a) The governor, on recommendation of the commission, may execute a deed reconveying the property to the grantor or the grantor's heirs or assigns, if,...
- Texas Section 202.027 - Reimbursement To County Or Municipality
(a) If real property owned by the state and sold under this subchapter was acquired by a county or municipality and if a part of...
- Texas Section 202.028 - Correction Of Error Or Ambiguity In Instrument
(a) The governor, on the recommendation of the commission, shall execute and deliver a quitclaim deed, correction deed, or other conveyance necessary to resolve an...
- Texas Section 202.029 - Rights Of Public Utility Or Common Carrier
Under this subchapter, if the state sells, conveys, or surrenders possession of real property that is being used by a public utility or common carrier...
- Texas Section 202.030 - Approval Of Transfers
(a) The attorney general must approve a transfer or conveyance that is made under this subchapter if the value of the real property transferred or...
- Texas Section 202.031 - Expenses
(a) The person requesting the sale of an interest in property or the grantee in a deed issued under this subchapter shall pay expenses incurred...
- Texas Section 202.032 - Rules
The commission may adopt rules to implement this subchapter and to provide requestor refunds. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
SUBCHAPTER C LEASES, EASEMENTS, AND AGREEMENTS CONCERNING HIGHWAY PROPERTY
- Texas Section 202.033 - Transfer Of Historic Bridge
(a) In this section, "historic bridge" means a bridge that is included on or eligible to be included on the National Register of Historic Places....
- Texas Section 202.051 - Definitions
In this subchapter: (1) "Highway asset" means an interest in real property that is held or controlled by the department for a highway or department...
- Texas Section 202.052 - Lease Authority
(a) The department may lease a highway asset, part of a right-of-way, or airspace above or underground space below a highway that is a part...
- Texas Section 202.053 - Lease Of Highway Assets: Terms
(a) The department may determine all terms of the lease except: (1) a tenant may not be required to post a bond or security for...
- Texas Section 202.054 - Revenue From Leases
The department shall deposit payments received under a lease under this subchapter to the credit of the state highway fund. Acts 1995, 74th Leg., ch....
- Texas Section 202.055 - Lease Of Rest Areas
(a) The department may lease a rest area to a person engaging in sales, services, or other commercial activities that serve the needs of the...
- Texas Section 202.056 - Certain Oil And Gas Leases Prohibited
The commission may not enter into an oil and gas lease for real property owned by the state that was acquired to construct or maintain...
- Texas Section 202.057 - Conveyance Of Easement Or Interest For Flood Control
(a) The commission may, on request of an officer of the United States or the county judge of an affected county, convey without monetary consideration...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D RECLAIMED ASPHALT PAVEMENT
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E TELECOMMUNICATIONS FACILITIES
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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:...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
SUBCHAPTER F ADVANCE ACQUISITION OF PROPERTY
- Texas Section 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.
- Texas Section 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....
- Texas Section 202.112 - Advance Acquisitions
(a) The commission may purchase an option to acquire property for possible use in or in connection with a transportation facility before a final decision...
- Texas Section 202.113 - Disposal Of Surplus Property
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....
- Texas Section 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...
Last modified: September 28, 2016