1. (a) This section applies to the relocation of utility facilities made necessary by:

   1. (1) an improvement of a nontolled state highway facility to add one or more tolled lanes;
   2. (2) an improvement of a nontolled state highway that has been converted to a toll project on the state highway system; or
   3. (3) the construction on a new location of a toll project on the state highway system or the expansion of such a toll project.

2. (b) As a condition for reimbursement under this section:

   1. (1) the Texas Transportation Commission must designate the highway facility to be constructed or improved as a toll project; and
   2. (2) the utility owner must enter into an agreement concerning the terms of the relocation under subsection (c) of this section.

3. (c) Agreement.

   1. (1) The utility owner, prior to incurring relocation costs, shall enter into an agreement concerning the terms of the relocation with the department, or with a department contractor under a comprehensive development agreement whose scope of work includes responsibility for utility relocations made necessary by the project.
   2. (2) Execution of an agreement shall be based on a determination by the department, or a department contractor if authorized under a comprehensive development agreement, that a conflict exists between a proposed project and a utility facility.
   3. (3) If a dispute arises concerning the existence of a conflict, the Right of Way Director may authorize the execution of a toll road utility agreement based on evidence presented by the affected utility.

4. (d) Eligible relocation costs.

   1. (1) Eligible relocation costs include necessary material acquisition, engineering and planning costs, and the physical installation of materials.
   2. (2) The department will reimburse 50% of eligible relocation costs that are actually incurred by the utility owner.

Source Note:The provisions of this §21.23 adopted to be effective May 18, 2006, 31 TexReg 3918; amended to be effective October 18, 2007, 32 TexReg 7299; amended to be effective April 16, 2014, 39 TexReg 2959.