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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the ownership of the pore space underlying the surface |
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| 7 | 7 | | of land. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 5, Property Code, is amended by adding |
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| 10 | 10 | | Subchapter H to read as follows: |
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| 11 | 11 | | SUBCHAPTER H. OWNERSHIP OF PORE SPACE |
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| 12 | 12 | | Sec. 5.251. DEFINITION. In this chapter, "pore space" |
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| 13 | 13 | | means the geologic structures beneath the surface of land, |
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| 14 | 14 | | including voids and cavities, to be used for the storage of carbon |
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| 15 | 15 | | dioxide. |
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| 16 | 16 | | Sec. 5.252. OWNERSHIP OF PORE SPACE UNDERLYING THE SURFACE. |
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| 17 | 17 | | (a) Unless expressly modified, reserved, or altered by a deed, |
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| 18 | 18 | | conveyance, lease, or contract, the ownership of pore space is |
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| 19 | 19 | | vested in the owner or owners of the surface estate of the land. |
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| 20 | 20 | | (b) This section does not modify common law existing on the |
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| 21 | 21 | | effective date of this section as it relates to the relationship |
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| 22 | 22 | | between the mineral and surface estates. |
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| 23 | 23 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 27 | | Act takes effect September 1, 2023. |
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