1. (a) Substitute consideration.

   1. (1) An owner of a tract of land abutting a proposed frontage road who desires to purchase access rights to that facility may, upon approval of the executive director or his or her designee, make contributions toward the costs of construction of the frontage road in lieu of either cash consideration or an exchange of an interest in real property.
   2. (2) If the contributions are less than the value of the access rights, the purchaser shall provide cash consideration or an interest in real property acceptable to the commission for the remainder.
   3. (3) The department will not reimburse the purchaser for the value of any contributions which exceed the value of the access rights.
2. (b) Costs of construction. The term costs of construction includes preliminary engineering, utility adjustments, actual construction, and other costs associated with the construction of the frontage road.
3. (c) Approval. The executive director or his or her designee will approve the acceptance of contributions if he or she finds that they are in a form that meets the needs of the department and will expedite the construction of a department approved project.
4. (d) Effective date. Contributions received prior to the effective date of this section will not be accepted as substitute consideration.

Source Note:The provisions of this §21.104 adopted to be effective June 16, 1994, 19 TexReg 4342.