Senate Bill No. 1258 introduces a new subchapter to the Texas Property Code that addresses the ownership of pore space beneath the surface of land. The bill defines "pore space" as the geologic structures below the land's surface, including voids and cavities. It establishes 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, the bill 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 upon receiving a two-thirds vote from both houses of the Texas Legislature. If it does not achieve this majority, the bill will take effect on September 1, 2025.

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