SUBCHAPTER L.  USE OF DEPARTMENT LAND

Sec. 11.301.  EASEMENTS.  (a)  The commission may grant, lease, or renew permanent or temporary right-of-way easements on department land for:
(1)  public highways, roads and streets, and ditches;
(2)  electric lines and pipelines, including necessary wires, pipes, poles, and other equipment used to transmit, convey, or distribute water, electricity, gas, oil, or similar substances or commodities;
(3)  electrical substations;
(4)  equipment stations, vaults, cabinets, poles, power pedestals, and underground lines, circuits, and conduits, and other equipment used in the provision of communication services; or
(5)  the provision of utilities for the operation of facilities of the department and roadways for access to facilities of the department.
(b)  Except as provided by this subsection, the commission may not grant or lease an easement unless the commission receives the fair market value as consideration for the grant or lease.  Consideration for an easement may include goods and services. The commission may grant without consideration a state highway easement to the Texas Department of Transportation, a roadway easement to a county for connecting roads between state highways, easements to utility providers for utilities to serve department facilities, and roadway easements to a city or county to provide roadways for department facilities.
(c)  A grant or lease must contain a full reservation of minerals in and under the land.  The commission may impose other fair and reasonable conditions, covenants, and provisions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 502 (H.B. 1449), Sec. 3, eff. June 17, 2011.