(a) Joint use agreement forms are to be used when a utility has a prior property interest which is being retained within the highway right of way, and:
  (1) when in connection with active highway projects an adjusted or relocated utility facility occupies that part of the highway right of way; or
  (2) when a utility facility is retained within that part of the highway right of way without adjustment unless the utility has a previously approved department joint use agreement covering the right of way limits and which includes provisions for control of access when applicable.
(b) These forms shall include such terms, conditions, and utility location plans as may be prescribed by the director of the Right of Way Division to convey necessary information in order to protect and preserve the state highway system and the safety, health, and welfare of its use by the traveling public. Utility location plans shall be in accordance with the requirements contained in this subchapter concerning utility accommodation.

Source Note: The provisions of this §21.53 adopted to be effective January 1, 1976; amended to be effective May 29, 1989, 14 TexReg 2366; amended to be effective March 15, 2001, 26 TexReg 2055; amended to be effective December 11, 2008, 33 TexReg 10064