When an owner is willing to convey to the state but refuses to sign the prescribed deed form conveying all minerals except oil, gas, and sulfur, it will be permissible to substitute the following clause in the deed, which provides for retention of all minerals not necessary for highway construction and maintenance. The use of this special mineral clause is to be limited because its use is essentially a concession to avoid condemnation. No further concession is to be made without prior approval of the ROW Program Office.

“Grantor(s) reserve all of the oil, gas, sulphur and other minerals in and under the Property but waive any and all rights of ingress and egress to the surface of the Property for the purpose of exploring, developing, mining or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the Property and upon the condition that none of such operations shall be conducted so near the surface of the Property as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the Grantee's facilities or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any water, stone, earth, gravel, caliche, iron ore, gravel or any other road building materials upon, in and under the Property for the construction and maintenance of the state highway system of Texas.”