| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the ownership of the geothermal energy and associated |
|
|
resources below the surface of land. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 141.003(5), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(5) "By-product" means any other element found in a |
|
|
geothermal formation which is brought to the surface, whether or |
|
|
not it is used in geothermal heat or pressure inducing energy |
|
|
generation. The term does not include: |
|
|
(A) a mineral, as defined by Section 75.001, |
|
|
Property Code; or |
|
|
(B) oil, gas, or a product of oil or gas, as |
|
|
defined by Section 85.001. |
|
|
SECTION 2. Subchapter A, Chapter 141, Natural Resources |
|
|
Code, is amended by adding Section 141.004 to read as follows: |
|
|
Sec. 141.004. OWNERSHIP OF GEOTHERMAL ENERGY AND ASSOCIATED |
|
|
RESOURCES. (a) Except as otherwise expressly provided by a |
|
|
conveyance, contract, deed, reservation, exception, limitation, |
|
|
lease, or other binding obligation, the geothermal energy and |
|
|
associated resources below the surface of land are owned as real |
|
|
property by: |
|
|
(1) the landowner; or |
|
|
(2) if the surface estate and the mineral estate of the |
|
|
land have been severed, the owner of the surface estate of the land. |
|
|
(b) Subject to the provisions of this chapter, the property |
|
|
rights described by this section entitle the owner of the |
|
|
geothermal energy and associated resources below the surface of |
|
|
land and the owner's lessee, heir, or assignee to drill for and |
|
|
produce the geothermal energy and associated resources. |
|
|
(c) This section does not: |
|
|
(1) apply to minerals dissolved or otherwise contained |
|
|
in groundwater, including in hot brines; |
|
|
(2) change existing law regarding oil, gas, or mineral |
|
|
extraction regardless of its heat or energy potential; or |
|
|
(3) change existing law regarding the rights of the |
|
|
dominant and servient estates. |
|
|
SECTION 3. 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. |