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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER LLEASING OF HIGHWAY ASSETS
RULE §21.606Requests to Lease

(a) A person desiring to lease a highway asset shall submit a written request through the department's website. Each request shall include:

  (1) the name and address of the person requesting the lease;

  (2) a description of the area or interest of the asset to be leased, improvements (if any) proposed to be constructed, the intended use of the proposed leased asset, and a proposed term of lease;

  (3) sketches or drawings showing the area to be leased, proposed improvements to be constructed, including utilities to serve the improvements, existing highways or other improvements, all means of proposed access to the area, and preliminary drainage plans;

  (4) adequate information to support findings to authorize leasing of the asset; and

  (5) the name, address, and telephone number of the individual authorized to furnish any additional information desired by the department regarding a request to lease.

(b) The department may request additional information, reports, or data of any kind deemed desirable in addition to the written request referred to in subsection (a) of this section in order to comply with the requirements of this section.

(c) The department will forward the request for lease to the district engineer, the right of way division for processing and, when appropriate, for preparing recommendations to the commission, the executive director, and the Federal Highway Administration.

(d) The department will inform the potential lessee of the actions taken on the request to lease.


Source Note: The provisions of this §21.606 adopted to be effective August 15, 2002, 27 TexReg 7177; amended to be effective February 18, 2015, 40 TexReg 721

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