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By: Joe Tant

Greater Port Arthur Chamber of Commerce

 

If you own land in Texas, you assume you have full control over it—from the grass on top to the dirt and rock below. But here is the thing: when it comes to the underground “pore space” beneath your property—the tiny pockets in rock that can hold things like carbon or wastewater—state law is surprisingly vague. That is a problem, and it is why lawmakers need to pass HB 2762 this session.

Texans have always been fiercely protective of their property and mineral rights, but until recently, we did not pay much attention to pore space. It is a legal gray area that leaves landowners in the dark and invites confusion, disputes, and even lawsuits. It also creates a huge barrier for businesses that want to invest in emerging technologies like carbon capture and storage (CCS), which rely on access to subsurface formations deep underground, between one

and two miles beneath us. The impact could be especially disruptive for communities like Southeast Texas – not just for ranchers and rural landowners in our region, but also for industry and energy projects that are core to our economy. When ownership is not clear, companies hesitate. Investors do not commit. Projects stall. And Texas misses jobs and economic opportunities.

HB 2762 fixes this by making it clear that pore space belongs to the surface property holder—unless the landowner chooses to sell or lease the rights. In plain terms: if you own the land, you own what’s underneath it too. It is common sense, and clarity is good for everyone.

Landowners get control and peace of mind. Businesses get the certainty they need to invest. It is a win-win.

Most importantly, this bill keeps the power with Texans where it belongs. It lets property owners decide whether to lease or sell their pore space, and on what terms. It opens the door to a new income source for property owners that becomes a new, diversified asset that can improve property values and build wealth. Since the pore space is deep underground, it also will not disrupt the ability to continue using the surface for ranching, farming, development, or anything else.

In parts of the state, we have already seen what happens when subsurface rights are left murky.

Some industries’ subsurface activities have led to concerns about property and environmental damage. Since pore space ownership is not spelled out in law, landowners often find they do not have the resources to stand up these companies and little recourse to win in court. We do not want these issues to impact southeast Texas.

This is not about protecting what is ours — it is also about encouraging smart, responsible growth. Carbon storage, for example, is drawing serious investment in southeast Texas, but those dollars will not flow here if companies don’t know who to work with or how to secure access legally. This includes the Golden Triangle, which could lose out on billions of dollars in private investment and thousands of jobs without the certainty this legislation provides. HB 2762

provides them with a pathway while making sure landowners are respected and included.

For a state that prides itself on being a leader, particularly on property rights, Texas falls behind others in providing these types of protection for landowners. For instance, North Dakota, Montana, and West Virginia have enacted statutes affirming that pore space rights are vested with the surface estate owner, ensuring landowners have definitive control over subsurface formations. Oklahoma codified their property rights protections in 2011. By passing HB 2762,

Texas can align with these states, providing the legal certainty necessary for landowners and businesses.

We have a proud tradition in this state of standing up for private property rights. Let us not let unclear statutes or corporate shortcuts chip away at that. By passing HB 2762, lawmakers can strengthen those rights, encourage investment, and help Texas continue to lead in innovation

and economic growth.

Let us give landowners the certainty they deserve — and make sure Texas stays open for business.