TxDOT has authority to lease its real property assets, including but not limited to right of way, pursuant to the following:

Vernon’s Texas Codes Annotated (V.T.C.A.), Transportation Code, Section 202.052
Title 43 Texas Administrative Code (43 TAC), Sections 21.600 to 21.606
Title 23 Code of Federal Regulations (23 CFR), Sections 710.403 to 710.407
Texas Property Code, Title 4, Chapter 21, Subchapter E, Sections 21.101 to 21.103

The property interest to be leased must be leased for a purpose that is not inconsistent with applicable highway uses; the consideration for the lease must be at least fair market value; and

the property interest to be leased must

not be needed for a highway purpose during the term of the lease.