Monitoring the Session

SB 1258

the surface owner owns the pore space

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Robert NicholsRSenate 3

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

Unless a deed, lease or contract says otherwise.

The bill says that the underground pore space beneath a piece of land 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 use underground space for storage or injection. On the ground, surface owners gain a clear legal default claim to the empty underground spaces, while existing common law on mineral versus surface rights stays as it is.

Labels

Labels: NEVER GOT A HEARING. Filed Feb 13, 2025 and referred to the Senate Natural Resources committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB1258 · 2025-02-13

SOLD BY

Sen. Robert NicholsRSenate 3 Sen. Lois KolkhorstRSenate 18

ITEM

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

WHAT IT DOES

Unless a deed, lease or contract says otherwise.

The bill says that the underground pore space beneath a piece of land 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 use underground space for storage or injection. On the ground, surface owners gain a clear legal default claim to the empty underground spaces, while existing common law on mineral versus surface rights stays as it is.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Natural Resources
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Robert Nichols

Donors

James I Perkins$25,000Advanced Drainage Systems Inc. PAC$10KTexas REALTORS Political Action Committee$10K

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 · Jul 2, 2024 to Mar 25, 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.

James I Perkins$25,000.00
Advanced Drainage Systems Inc. PAC$10,000.00

Advanced Drainage Systems Inc. PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 2 other sitting lawmakers.

Derived recipient stock · Dec 5, 2024 to Oct 22, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Dec 5, 2024. 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: 100965387.

Texas REALTORS Political Action Committee$10,000.00

Texas REALTORS Political Action Committee

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 5, 2024. 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: 100965387.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Advanced Drainage Systems Inc. PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 2 other sitting lawmakers.

Derived recipient stock · Dec 5, 2024 to Oct 22, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Dec 5, 2024. 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: 100965387.

×

Texas REALTORS Political Action Committee

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 5, 2024. 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: 100965387.

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 Senate · Filed Feb 13, 2025

02/28/2025 S Referred to Natural Resources

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Natural Resources · Final status: Died in committee

Companion

HB 2762 by Geren (identical)

Subjects

Environment--Air

Oil & Gas

Property Interests--Real Property

Text

The text as introduced · 199 words

89R8776 RAL-D

By: Nichols, Kolkhorst
S.B. No. 1258

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.