|(a) The department may, in its sole discretion, award
a lease by any method it determines to be in its best interest.
(b) Prior to the date of the lease award, notice of
real property available for lease may be published on the TxDOT website.
When a lease is awarded on a sealed bid basis, notice of the proposed
lease will be advertised at least 20 days prior to the date of the
bid opening. The notice will be published once a week for three consecutive
weeks prior to bid opening in a newspaper of general circulation in
the county in which the highway asset is located.
(c) The department will charge not less than fair market
value for leases. However, if the commission finds it to be in the
public interest, the commission may waive the fair market value requirement
for a lease to a public utility provider or an institution of higher
education as defined by Education Code, §61.003, or for social,
environmental, or economic mitigation purposes.