Bill > SB1258

This bill clarifies the ownership of pore space, which refers to underground geologic structures like voids and cavities beneath the surface of land in Texas. Specifically, the bill establishes that unless a deed, conveyance, lease, or contract explicitly states otherwise, the ownership of pore space belongs to the owners of the surface estate of the land. The bill is careful to note that it does not alter existing common law regarding the relationship between mineral and surface estates. This means that while surface landowners will now have a clear legal framework for pore space ownership, the bill does not interfere with previous legal understandings about mineral rights. The legislation will take effect immediately if it receives a two-thirds vote in the Texas Legislature, or otherwise on September 1, 2025. By adding this provision to Chapter 5 of the Property Code, the bill provides a statutory definition and clarification of pore space ownership, which could be important for future land use, underground storage, carbon sequestration, or other geological resource management.

Agriculture and Natural Resources

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1258