(a) Whenever title policies cannot be obtained in the normal procedure, the determination of ownership and title defects, if any, are made through the use of abstract plant facilities under contract to the state. The contract may be by the hour or by the parcel depending on departmental needs and preference of the owner of the abstract plant facility. The title examinations may be made by licensed staff attorneys using the abstract facilities or by the abstract company providing a title run sheet directly to the department to be reviewed by other staff of the department.
(b) A bid proposal will be accepted from any abstract plant facility that is willing and able to furnish the desired services, and will be forwarded to the department's Right of Way Division for an administrative decision as to acceptance or rejection.
(c) If the department cannot identify an abstract company that is willing or able to permit licensed staff attorneys to use its facilities or to provide title run sheets directly to the department on a timely basis as described in subsection (a) of this section, the department may contract with any qualified title examiner to provide a title run sheet or other title report, in a form and content acceptable to the district engineer, directly to the department to be reviewed by other staff of the department. A bid proposal may be submitted to the district engineer by any title examiner that is willing and able to furnish the desired services, and will be forwarded to the department's Right of Way Division for an administrative decision as to acceptance or rejection.

Source Note: The provisions of this §21.6 adopted to be effective January 1, 1976; amended to be effective December 9, 2004, 29 TexReg 11388