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Texas Transportation Code

§ 202.061 — ENVIRONMENTAL COVENANT

TN § 202.061Title 6. ROADWAYS · Part A. TEXAS DEPARTMENT OF TRANSPORTATION · Ch. 202. CONTROL OF TRANSPORTATION ASSETS · Art. C. LEASES, EASEMENTS, AND AGREEMENTS CONCERNING HIGHWAY PROPERTY

Statute text

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(a)The commission may enter into an environmental covenant for the purpose of subjecting real property in which the department has an ownership interest to a plan or the performance of work for environmental remediation if the plan or work performed is first approved by the Texas Commission on Environmental Quality or a federal agency with the authority to approve the plan or work under the applicable laws and regulations.
(b)The environmental covenant must:
(1)contain a legally sufficient description of the property subject to the covenant;
(2)describe the nature of the contamination on or under the property, including the contaminants, the source, if known, and the location and extent of the contamination; and
(3)describe the activity and use limitations on the property.
(c)The plan or performance of work for environmental remediation must:

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 743 (S.B. 480), Sec. 1, eff. September 1, 2009.