SB 1258 Texas Senate · 89th Legislature (2025)

Relating to the ownership of the pore space underlying the surface of land.

This bill clarifies that, by default, the owner of surface land in Texas owns the pore space (geologic voids and cavities beneath the surface) unless a deed, lease, or contract specifies otherwise. It directly affects surface landowners and entities involved in subsurface activities like oil and gas extraction, as it establishes surface ownership as the default for pore space. The law explicitly states it does not change existing common law governing mineral rights versus surface rights. This provision aims to reduce legal uncertainty about subsurface ownership in Texas.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 13, 2025 Last action Feb 28, 2025
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4
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Committee
1
Feb 28, 2025
Committee
Referred to Natural Resources
upper
Feb 28, 2025
Introduced
Read first time
upper
2 primary · 0 co-sponsors

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