Bill > HB2762

This bill clarifies the ownership of pore space—defined as the geologic structures below the surface of land, including voids and cavities—in Texas property law. Specifically, the bill establishes that unless explicitly modified by a deed, conveyance, lease, or contract, the ownership of pore space belongs to the owner or owners of the surface estate of the land. Importantly, the bill explicitly states that it does not alter existing common law regarding the relationship between mineral and surface estates, which means that pre-existing legal principles governing mineral rights remain unchanged. The bill would take effect immediately if it receives a two-thirds vote in both houses of the Texas Legislature; otherwise, it will go into effect on September 1, 2025. This legislation provides clarity on underground property rights by codifying the default ownership of pore space, which could have implications for activities like carbon sequestration, underground storage, or geological research.

Agriculture and Natural Resources

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2762