Bill Text: TX SB2107 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the ownership of the pore space underlying the surface of land.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-03 - Referred to Energy Resources [SB2107 Detail]
Download: Texas-2023-SB2107-Engrossed.html
| By: Nichols | S.B. No. 2107 | |
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| 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. | ||
