The bill, H.B. No. 2762, introduces a new subchapter to the Property Code of Texas that addresses the ownership of pore space beneath the surface of land. It defines "pore space" as the geologic structures below the surface, including voids and cavities. The bill stipulates that, unless explicitly modified by legal documents such as deeds or leases, the ownership of pore space is vested in the owners of the surface estate of the land. Additionally, it clarifies that this new provision does not alter existing common law regarding the relationship between mineral and surface estates.

The bill is set to take effect immediately if it receives a two-thirds majority vote from both houses of the legislature; otherwise, it will take effect on September 1, 2025. This legislation aims to clarify property rights related to pore space, which may have implications for landowners and industries involved in subsurface activities.

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