Section 9: Highway Crossing Agreements

Policy

In accordance with Transportation Code, Sections

and

, a person may enter into an agreement with TxDOT to transport commodities or products from private property across a highway to other private property in the following instances:

in licensed vehicles, if the vehicle is transporting grain, sand or other commodity or product and vehicle's overall gross weight is not heavier than 110,000 pounds

in unlicensed vehicles, if the vehicle is transporting mined materials such as sand, gravel, stones, rock, caliche or a similar commodity. No "at grade" crossing may be allowed in controlled access highways.

Agreement

A Highway Crossing Agreement (Form

2037

) should be executed between TxDOT and a person, firm or corporation to document the other party's responsibility for damage caused to that portion of the highway crossed by vehicles traveling from private property to other private property. The agreement will indemnify the state for the costs of the upgrading, maintenance, rehabilitation and repair.

Bond

Before a person may operate a vehicle under this agreement, a surety bond adequate to compensate for the cost of maintenance and repair should be executed. Adequate lead-time should be allowed for the review and approval by the comptroller and attorney general.