(a) The department will charge a service fee to cover basic costs in the disposal of real property under this subchapter.
  (1) For quitclaims where the state holds no record title, holds easement title only, or holds title subject to a reversionary clause, a service fee of $300 will be charged to cover the costs of handling each quitclaim.
  (2) For sales, a service fee will be charged in the amount of $300 or 2.0% of the sale price, whichever is more. The service fee shall not exceed $1,600.
(b) Service fees shall not apply if:
  (1) the conveyance is being made to correct a previous error;
  (2) a property or property interest is being exchanged for other property interests needed for highway purposes;
  (3) a property or property interest is being sold, quitclaimed, or transferred to a county, city, state, or federal governmental agency; or
  (4) the commission determines the service fee to be unjust or unwarranted.

Source Note: The provisions of this §21.105 adopted to be effective December 11, 2002, 27 TexReg 11623