43 Tex. Admin. Code § 21.600
Highway right-of-way not being used for highway purposes may be leased by the State Department of Highways and Public Transportation. These sections set forth the requirements and procedures to be used for leasing right-of-way. These sections apply only to the use of right-of-way by valid leasehold interests and not to permissive use by license or permit as authorized by law.
Source Note:The provisions of this §21.600 adopted to be effective October 19, 1988, 13 TexReg 5005.