The bill, S.B. No. 1258, introduces a new subchapter to the Texas Property Code that addresses the ownership of pore space, which is defined as the geologic structures below the surface of land, including voids and cavities. The legislation stipulates that, unless explicitly modified by a deed, conveyance, lease, or contract, the ownership of pore space is vested in the owners of the surface estate of the land. Additionally, it clarifies that this section does not alter existing common law regarding the relationship between mineral and surface estates.

The bill aims to provide clarity on the ownership rights related to pore space, which has implications for land use and resource management. It will take effect immediately if it receives a two-thirds vote from both houses of the legislature; otherwise, it will become effective on September 1, 2025.

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