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