Pass privileges may be included in the deed through insertion of the following provision:

"Grantors, their heirs, or assigns shall have the privilege of passage between their remaining lands on either side of the highway facility through a pass provided in the highway construction. It is agreed and understood that the use and maintenance of the pass shall be subject to such regulations as are determined by the Texas Department of Transportation to be necessary in the interest of public safety and in compliance with approved engineering principles and practice. Said passageway across the highway right of way is more particularly described as follows: (Metes and bounds description. This description must be signed and sealed by an RPLS.).”

The deed is written in the amount of the cash consideration paid the owner without respect to pass costs. Usual title requirements apply with the exception that the title policy or staff attorney's certificate will except pass privileges included in the deed.

If an owner has existing pass privileges as a property right, and such right must be extinguished, the deed will contain a clause quitclaiming this interest.