HB 2762
bill saying the empty space under your land is yours
Died in committee
Verdict: No flags
Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to the ownership of the pore space underlying the surface of land.
Caption from analyzed text · version I.
Summary
Voids and cavities included, unless a deed, lease or contract says otherwise.
The bill writes into Texas property law that the underground empty space beneath land, its voids and cavities, belongs to whoever owns the surface, unless a deed, lease or contract says otherwise. It touches surface landowners, mineral owners, and anyone who wants to store or inject things underground. Surface owners get a clear statutory default claim to that space, and the bill says it leaves existing common law on mineral versus surface rights alone.
Labels
Labels: NEVER GOT A HEARING. Filed Feb 12, 2025 and referred to the House Energy Resources committee. No public hearing. The bill died.
Receipt
The receipt
89R-HB2762 · 2025-02-12
SOLD BY
+ 1 coauthor
ITEM
relating to the ownership of the pore space underlying the surface of land.
WHAT IT DOES
Voids and cavities included, unless a deed, lease or contract says otherwise.
The bill writes into Texas property law that the underground empty space beneath land, its voids and cavities, belongs to whoever owns the surface, unless a deed, lease or contract says otherwise. It touches surface landowners, mineral owners, and anyone who wants to store or inject things underground. Surface owners get a clear statutory default claim to that space, and the bill says it leaves existing common law on mineral versus surface rights alone.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
- Filed
- Read first time
- Referred to Energy Resources
FILED UNDER
DATA CENTERS, WATER AND THE GRID
THE TEXT
…“the ownership of pore space is vested in the owner or owners of the surface estate of the land”
Bill text, introduced version (I)
The bill settles who owns underground storage space by default, which decides who controls and gets paid for using it.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Texas Trial Lawyers Association PAC$100,000.00
Texas Trial Lawyers Association PAC
$100,000.00
- Cash
- $100,000.00
- Paid by others
- $0.00
- Total
- $100,000.00
Also funds 137 other sitting lawmakers.
Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Jun 26, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101004598, 101020024, 101055554, 101067438, 101071413.
Missing data does not establish zero giving. Display amounts are rounded.
Texas Trial Lawyers Association PAC
$100,000.00
- Cash
- $100,000.00
- Paid by others
- $0.00
- Total
- $100,000.00
Also funds 137 other sitting lawmakers.
Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Jun 26, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101004598, 101020024, 101055554, 101067438, 101071413.
Votes
No floor vote loaded for this bill.
Fiscal
No fiscal note in the loaded record.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Sources
Texas House · Filed Feb 12, 2025
03/19/2025 H Referred to Energy Resources: Mar 19 2025 12:35PM
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Energy Resources · Final status: Died in committee
Companion
SB 1258 by Nichols (identical)
Subjects
Environment--Air
Oil & Gas
Property Interests--Real Property
Text
The text as introduced · 198 words
89R8776 RAL-D By: Geren H.B. No. 2762 A BILL TO BE ENTITLED AN ACT relating to the ownership of the pore space underlying the surface of land. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 5, Property Code, is amended by adding Subchapter H to read as follows: SUBCHAPTER H. OWNERSHIP OF PORE SPACE Sec. 5.251. DEFINITION. In this subchapter, "pore space" means the geologic structures below the surface of land, including voids and cavities. Sec. 5.252. OWNERSHIP OF PORE SPACE. (a) Unless expressly modified, reserved, or altered by a deed, conveyance, lease, or contract, the ownership of pore space is vested in the owner or owners of the surface estate of the land. (b) This section does not modify common law existing on the effective date of this section as it relates to the relationship between the mineral and surface estates. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.