HB 2762
AN ACT relating to the ownership of the pore space underlying the surface
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Clarifies that pore space (underground geologic structures) belongs to the surface landowner unless specifically modified by a deed, lease, or contract. The legislation establishes a legal framework for pore space ownership, ensuring surface estate owners have rights to the subsurface geological structures on their property. This could impact landowners, energy companies, and potential underground storage or carbon sequestration projects by providing clear guidelines about subsurface property rights.
Subject Areas
Bill Text
relating to the ownership of the pore space underlying the surface BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 5, Property Code, is amended by adding Subchapter H to read as follows: SUBCHAPTER H. OWNERSHIP OF PORE SPACE Sec. 5.251. DEFINITION. In this subchapter, "pore space" means the geologic structures below the surface of land, including Sec. 5.252. OWNERSHIP OF PORE SPACE. (a) Unless expressly modified, reserved, or altered by a deed, conveyance, lease, or contract, the ownership of pore space is vested in the owner or owners of the surface estate of the land. (b) This section does not modify common law existing on the effective date of this section as it relates to the relationship between the mineral and surface estates. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the ownership of the pore space underlying the surface
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