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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 subchapter, "pore space" |
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means the geologic structures below the surface of land, including |
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voids and cavities. |
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Sec. 5.252. OWNERSHIP OF PORE SPACE. (a) Unless expressly |
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modified, reserved, or altered by a deed, conveyance, lease, or |
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contract, the ownership of pore space is vested in the owner or |
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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, 2025. |