(a) Use and occupancy agreement forms are required for use for utility facilities installed, adjusted, relocated, or retained within highway right of way. These forms provide for a definite understanding as to the location and manner in which utilities will be installed and/or maintained and, where applicable, provide the necessary rights needed by the state to occupy the property interests held by the utility company. No term or condition of a use and occupancy agreement will be construed to grant, convey, or extinguish an interest in real property held by either the state or a utility. (b) On highway routes within the corporate limits of municipalities all utility installations are to be in accordance with this part and subject to the state's approval. (c) Other forms are also provided for conveyance of utility company property interests to the state when such interests within highway rights of way are abandoned.
Source Note: The provisions of this §21.52 adopted to be effective January 1, 1976; amended to be effective December 11, 2008, 33 TexReg 10064