(a) This subchapter establishes the procedure to be used for leasing state-owned right of way for freight movement to reduce congestion on the state highway system and to improve air quality when the commission authorizes such a lease for a specified project.
(b) This subchapter may not be used for the lease of right of way for the purposes of a pipeline, electric transmission line, or other utility facility. Additionally, this subchapter may not be used for the lease of right of way for rail lines that are part of the general system of rail transportation and require a certificate from the United States Surface Transportation Board under 49 U.S.C. §10901.
(c) The procedure provided by this subchapter is separate from and in addition to the procedure established under Subchapter L of this chapter (relating to Leasing of Highway Assets).

Source Note: The provisions of this §21.301 adopted to be effective January 6, 2011, 35 TexReg 11959