Texas 2023 - 88th Regular

Texas Senate Bill SB785

Filed
2/8/23  
Out of Senate Committee
4/11/23  
Voted on by Senate
4/19/23  
Out of House Committee
5/17/23  
Voted on by House
5/23/23  
Governor Action
6/18/23  

Caption

Relating to the ownership of and certain insurance policy provisions regarding the geothermal energy and associated resources below the surface of land.

Impact

One significant impact of SB 785 is the reaffirmation that geothermal energy resources are classified as real property owned by landowners, independent of mineral rights related to oil and gas. It specifically states that the ownership of geothermal energy does not extend to dissolved minerals or hydrocarbons found in geothermal formations, which could address fears of conflicts between different resource extractions. The law is set to provide legal certainty for landowners looking to exploit geothermal energy, thus promoting the development of renewable energy resources in Texas.

Summary

Senate Bill 785, introduced by Senator Birdwell, clarifies the ownership of geothermal energy and the associated resources below the surface of land in Texas. The bill emphasizes that landowners, or their lessees or assignees, have the rights to drill for and produce geothermal energy, aligning with previous statutes regarding mineral ownership yet providing necessary clarity in light of recent technological advancements. This legislation aims to establish a clear framework governing ownership rights and production regulations in geothermal energy, addressing concerns from stakeholders regarding potential ambiguities in law.

Sentiment

The sentiment surrounding SB 785 appears generally positive among proponents of geothermal energy, particularly landowners and energy sector stakeholders. Supporters appreciate the clearer legal framework, potentially paving the way for economic opportunities in renewable energy. However, there is an undercurrent of contention concerning the broader implications for how resources are managed, especially regarding potential overlaps with existing mineral rights laws. Stakeholders are cautiously optimistic but remain vigilant about the balance between enabling energy development and protecting existing rights.

Contention

A notable point of contention addressed in SB 785 revolves around the relationship between geothermal energy rights and existing mineral rights. Some stakeholders expressed concern that the clarification might create misunderstandings or disputes over resource ownership, especially in areas where geothermal formations also contain traditional fossil fuels. The bill's careful delineation of rights aims to prevent conflicts but also invites ongoing discussion about the state's approach to resource management and landowner rights, ensuring the rights of all affected parties are respected.

Texas Constitutional Statutes Affected

Natural Resources Code

  • Chapter 141. Geothermal Resources
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB1336

Identical Relating to the ownership by a landowner of the geothermal energy and associated resources below the surface of the landowner's land.

Similar Bills

CA AB526

Energy: in-state geothermal energy generation.

CA AB527

California Environmental Quality Act: geothermal exploratory projects.

HI SB3229

Relating To Geothermal Royalties.

IL HB3399

GEOTHERMAL HOMES AND BUSINESS

HI SB993

Relating To Geothermal Energy Exploration.

HI HB411

Relating To Geothermal Resources.

CA AB1031

Hazardous waste control laws: exemption: geothermal resources.

HI SB458

Relating To Geothermal Royalties.