In the acquisition of right of way by the department, title insurance may be purchased if it is available and provided the title company can supply the state's needs without delaying right-of-way acquisition. Fees paid for title insurance will be as established and approved by the Texas Department of Insurance. Additional fees for services that are not specified by the Texas Department of Insurance as being covered by approved title insurance rates may be paid to a title company if the services are reasonably necessary to complete the closing and the fees are commercially reasonable.

Source Note: The provisions of this §21.4 adopted to be effective January 1, 1976; amended to be effective December 9, 2004, 29 TexReg 11388