- (a) The department may, without complying with the competitive bidding procedures of Subchapter A, contract with an owner of land, including a subdivision, adjacent to a highway that is part of the state highway system to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner's land.
(b) An owner that enters into a contract with the department under this section must:
- (1) comply with applicable department design and construction standards;
- (2) comply with all laws, rules, regulations, and ordinances, including environmental requirements, that would be applicable if the department were performing the work;
- (3) execute a performance and payment bond in accordance with Chapter 2253, Government Code; and
- (4) make available for inspection by the department all books and other records in the possession of the owner that are related to the project.
- (c) State and federal funds may not be used for the design, development, financing, or construction of a highway improvement under a contract described by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.13, eff. September 1, 2011.