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1 | 1 | 89R8776 RAL-D | |
2 | 2 | By: Geren H.B. No. 2762 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to the ownership of the pore space underlying the surface | |
10 | 10 | of land. | |
11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
12 | 12 | SECTION 1. Chapter 5, Property Code, is amended by adding | |
13 | 13 | Subchapter H to read as follows: | |
14 | 14 | SUBCHAPTER H. OWNERSHIP OF PORE SPACE | |
15 | 15 | Sec. 5.251. DEFINITION. In this subchapter, "pore space" | |
16 | 16 | means the geologic structures below the surface of land, including | |
17 | 17 | voids and cavities. | |
18 | 18 | Sec. 5.252. OWNERSHIP OF PORE SPACE. (a) Unless expressly | |
19 | 19 | modified, reserved, or altered by a deed, conveyance, lease, or | |
20 | 20 | contract, the ownership of pore space is vested in the owner or | |
21 | 21 | owners of the surface estate of the land. | |
22 | 22 | (b) This section does not modify common law existing on the | |
23 | 23 | effective date of this section as it relates to the relationship | |
24 | 24 | between the mineral and surface estates. | |
25 | 25 | SECTION 2. This Act takes effect immediately if it receives | |
26 | 26 | a vote of two-thirds of all the members elected to each house, as | |
27 | 27 | provided by Section 39, Article III, Texas Constitution. If this | |
28 | 28 | Act does not receive the vote necessary for immediate effect, this | |
29 | 29 | Act takes effect September 1, 2025. |