1. (a) Use and occupancy agreement forms are to be used when in connection with active highway projects an adjusted or relocated utility facility occupies part of the highway right of way or when a utility facility is retained within the highway right of way without adjustment unless the utility has a previously approved department use and occupancy agreement or approved notice form covering the right of way limits and which includes provisions for control of access when applicable. Such forms are used also when a utility has a prior property interest which is being retained within the highway right of way.
2. (b) These forms shall include such terms and conditions as may be prescribed by the director of the Right of Way Division to convey necessary information in order to protect and preserve the state highway system and the safety, health, and welfare of its use by the traveling public.

Source Note:The provisions of this §21.53 adopted to be effective January 1, 1976; amended to be effective May 29, 1989, 14 TexReg 2366; amended to be effective March 15, 2001, 26 TexReg 2055.