A highway right of way tract may be leased if the state owns the minerals located under the tract.
At its discretion, the School Land Board may establish the size and boundaries of each right-of-way tract to be leased or to be exempted from leasing. However, each right-of-way tract shall extend across the entire width of each right-of-way, subject to the provisions relating to Preferentially Leasing to Adjacent Mineral Owners (see Section II B. in the Guidelines – link on this page).
See Texas Administrative Code, Title 31, Part 1, Chapter 3, Subchapter C, Rule 3.31, 19 (C) & (D)
EFFECTIVE July 27, 2011 PROCESSING FEE IS $500.00 PER APPLICATION
The Texas General Land Office
ATTN: Energy Resources/Mineral Leasing
P.O. Box 12873
Austin, TX 78711-2873