1. (a) The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or examination it determines necessary or appropriate for the purposes of the development of a toll project.

2. (b) An entry under this section is not:

   1. (1) a trespass; or
   2. (2) an entry under a pending condemnation proceeding.

3. (c) The department shall make reimbursement for any actual damages to real property, water, or premises that result from an activity described by Subsection (a).

   Transferred from Transportation Code, Section 361.233 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 312, Sec. 43, eff. June 18, 2003;

Acts 2003, 78th Leg., ch. 1325, Sec. 15.41, eff. June 21, 2003.