(a) The department will charge for the lease of right of way under this subchapter not less than fair market value, unless the commission authorizes an exception under Transportation Code, § 202.052(d). The department may consider its costs in administering the agreement in establishing the amount to be paid for the lease.(b) All payments received under this subchapter will be deposited into the state highway fund.43 Tex. Admin. Code § 21.309
The provisions of this §21.309 adopted to be effective January 6, 2011, 35 TexReg 11959