By: Nichols, West S.B. No. 2107
A BILL TO BE ENTITLED
AN ACT
relating to the ownership of the pore space underlying the surface
of land.
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 chapter, "pore space"
means the geologic structures beneath the surface of land,
including voids and cavities, to be used for the storage of carbon
dioxide.
Sec. 5.252. OWNERSHIP OF PORE SPACE UNDERLYING THE SURFACE.
(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, 2023.