(a) Use and occupancy agreement forms, other than joint use agreements, are to be used:
  (1) for new utility installation after highway construction is completed;
  (2) for new utility installation placed before or during highway construction except where the utility has a compensable property interest;
  (3) when in connection with active highway projects an adjusted or relocated utility facility occupies part of the highway right of way; or
  (4) when a utility facility is retained within the highway right of way without adjustment unless the utility has a previously approved department use and occupancy 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 Maintenance 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.
(c) In addition to the requirements in subsection (b) of this section, the district engineer may prescribe special district requirements which will be justified based on the specific soil, terrain, weather, vegetation, trees, traffic characteristics, type of utility line, or other factors unique to the area.
(d) The district engineer is authorized to approve all use and occupancy agreement forms, other than joint use agreements, except those on utility bridges, attachments to highway structures, or those which include exceptions as cited in §21.35 of this subchapter.

Source Note: The provisions of this §21.54 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