Section 11.21 - Multiple Use of Highway Right-of-Way(a) In the development of highway projects, the department usually initially acquires all right-of-way needed for full scale project development; however, certain areas of this right-of-way may not be used in the initial stage of construction. These areas and areas beneath elevated structures may be made available for other public functions such as parking areas, recreational areas, public parks, immigration control, law enforcement functions, special gas tax inspections, or other such legal inspections.(b) The public use of specified areas beneath overhead structures or certain other areas of right-of-way will be considered by the department when local governmental authorities or other state or federal agencies indicate a willingness to cooperate in the development of the same. Each proposed instance of joint use will be considered on its individual merits and the respective responsibilities of the department and other parties involved shall be fixed by agreement.(c) Departmental approval for the joint use of highway right-of-way may be given only when it is considered to be in the public's interest and it has been determined from engineering and traffic investigations that it would not damage the highway facilities, impair safety, impede highway maintenance, or in any way restrict the operation of the freeway or highway facility.(d) The department will generally be responsible for the site grading, construction of access driveways, paving, installation of curbs, or other such traffic control devices, lighting, basic landscaping, and screening to ensure its aesthetic balance with the overall highway design and the environment of the area. The maintenance and operation of the entire joint use facility will be the responsibility of local governmental agencies. The installation of parking meters, gates, shelters, play equipment, or other appurtenances will generally be the financial responsibility of the local governmental agency.43 Tex. Admin. Code § 11.21
The provisions of this §11.21 adopted to be effective January 1, 1976.