Natural Resources Code § 141.004

Sec. 141.004. OWNERSHIP OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES. (a) Except as otherwise expressly provided by a conveyance, contract, deed, reservation, exception, limitation, lease, or other binding obligation, the geothermal energy and associated resources below the surface of land are owned as real property by: (1) the landowner; or (2) if the surface estate and the mineral estate of the land have been severed, the owner of the surface estate of the land. (b) Subject to the provisions of this chapter, the property rights described by this section entitle the owner of the geothermal energy and associated resources below the surface of land and the owner's lessee, heir, or assignee to drill for and produce the geothermal energy and associated resources. (c) This section does not: (1) apply to minerals dissolved or otherwise contained in groundwater, including in hot brines; or (2) change existing law regarding: (A) oil, gas, or mineral extraction regardless of its heat or energy potential; (B) the rights of the dominant and servient estates; or (C) the ownership and use of groundwater. Added by Acts 2023, 88th Leg., R.S., Ch. 1108 (S.B. 785), Sec. 3, eff. June 18, 2023. SUBCHAPTER B. POWERS AND DUTIES OF THE RAILROAD COMMISSION