By: Sparks, et al. S.B. No. 34     A BILL TO BE ENTITLED   AN ACT   relating to the preparation for and the prevention, management, and   potential effects of wildfires and to emergency communications in   this state; authorizing an increase in the assessment on certain   insurers that fund the volunteer fire department assistance fund.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a)  In this section:                (1)  "Fuel loading" means the amount of combustible   material in a defined space expressed quantitatively in terms of   weight of fuel per unit area.                (2)  "Service" means the Texas A&M Forest Service.                (3)  "University" means West Texas A&M University.          (b)  The service and university shall jointly conduct a study   to determine the status and condition of fuel loading in wildfire   risk zones in this state and the corresponding risk of wildfire to   the residents, homes, businesses, and ecology of this state.          (c)  In conducting the study, the service and university   shall:                (1)  establish wildfire risk zones based on fuel   loading and the risk of wildfire to the residents, homes,   businesses, and ecology of this state within geographic areas   defined by the service; and                (2)  solicit and consider information from:                      (A)  the Department of Public Safety;                      (B)  the Department of Agriculture, including the   Prescribed Burning Board;                      (C)  the Texas Division of Emergency Management;                      (D)  the Parks and Wildlife Department;                      (E)  the Texas Commission on Environmental   Quality;                      (F)  the State Soil and Water Conservation Board;                      (G)  the comptroller of public accounts; and                      (H)  other natural resource representatives as   necessary.          (d)  The study must:                (1)  for each wildfire risk zone established under   Subsection (c)(1) of this section, consider:                      (A)  the risk that fuel loading poses;                      (B)  the projected loss of life, property, and   natural resources should a wildfire occur in the zone;                      (C)  the financial impact of costs associated   with:                            (i)  reconstruction in the zone after a   wildfire;                            (ii)  potential loss of production in the   natural resource and agricultural industries in the zone after a   wildfire; and                            (iii)  fuel loading mitigation and asset   hardening in the zone; and                      (D)  whether the money invested in fuel loading   mitigation in the zone exceeds or is less than the value of property   protected by the investment and the amount of the excess or   shortage;                (2)  assess the overall economic benefits to this state   of:                      (A)  prescribed burning;                      (B)  fuel loading control for wildfire   prevention; and                      (C)  public investment in fuel loading reduction   projects; and                (3)  recommend changes to existing law to ensure that   public and private natural resource managers have the authority and   ability to appropriately mitigate fuel loading risks in each   established risk zone.          (e)  Not later than December 1, 2026, the service and   university shall submit to the governor, the lieutenant governor,   the speaker of the house of representatives, and each standing   committee of the legislature with primary jurisdiction over the   service or university or another state agency from which   information is solicited under this section a written report that   includes a summary of the study and any legislative recommendations   based on the study.          (f)  This section expires May 1, 2027.          SECTION 2.  Subchapter B, Chapter 88, Education Code, is   amended by adding Section 88.1255 to read as follows:          Sec. 88.1255.  STATEWIDE DATABASE OF FIREFIGHTING   EQUIPMENT. (a)  In this section, "fire department" means:                (1)  a volunteer fire department; or                (2)  a department of a municipality, county, or special   district or authority that provides firefighting services.          (b)  The Texas A&M Forest Service shall create and maintain a   comprehensive database that shows in real time the statewide   inventory of firefighting equipment available for use in responding   to wildfires.          (c)  The database must:                (1)  include a description of the type of firefighting   equipment each fire department in this state has available for use   in responding to wildfires;                (2)  include contact information for the fire   department with the equipment;                (3)  be searchable by location and equipment type; and                (4)  be accessible by all fire departments in this   state and allow each fire department to update the database   information regarding the fire department's available equipment.          (d)  The Texas A&M Forest Service shall:                (1)  establish and maintain an electronic system to at   least annually notify a fire department that provides the   department's firefighting equipment information to the database of   the requirement to update the information in the database; and                (2)  assist a fire department that provides the   department's firefighting equipment information to the database in   updating the database annually or as soon as practicable after any   change in equipment availability.          SECTION 3.  Section 614.102, Government Code, is amended by   adding Subsection (i) to read as follows:          (i)  At least 10 percent of appropriations for a state fiscal   year from the fund for the purpose of providing assistance to   volunteer fire departments under the program is allocated for   volunteer fire departments located in areas of this state the   service determines are at high risk for large wildfires.  If the   amount of assistance requested under this subsection in a state   fiscal year is less than the amount allocated under this   subsection, the remainder may be used for other types of assistance   requests.          SECTION 4.  Section 2007.002, Insurance Code, is amended to   read as follows:          Sec. 2007.002.  ASSESSMENT.  The comptroller shall assess   against all insurers to which this chapter applies amounts for each   state fiscal year necessary, as determined by the commissioner, to   collect a combined total equal to the lesser of:                (1)  the total amount that the General Appropriations   Act appropriates from the volunteer fire department assistance fund   account in the general revenue fund for that state fiscal year,   other than appropriations for contributions to the Texas Emergency   Services Retirement System made under Section 614.104(d),   Government Code; or                (2)  $40 [$30] million.          SECTION 5.  Section 91.019, Natural Resources Code, is   amended to read as follows:          Sec. 91.019.  STANDARDS FOR CONSTRUCTION, OPERATION, AND   MAINTENANCE OF ELECTRICAL POWER LINES.  (a) An operator shall   construct, operate, and maintain an electrical power line serving a   well site or other surface facility employed in operations incident   to oil and gas development and production in accordance with:                (1)  the National Electrical Code published by the   National Fire Protection Association and adopted by the Texas   Commission of Licensing and Regulation under Chapter 1305,   Occupations Code; or                (2)  for a utility, as that term is defined by Section   11.004, Utilities Code, that is engaged in the maintenance of an   electric transmission and distribution system, relevant rules   adopted by the Public Utility Commission of Texas.          (b)  If, during an inspection by the commission of a well   site or surface facility employed in operations incident to oil and   gas development and production or on the receipt of a written notice   submitted by a landowner or lessee, the commission discovers a   condition involving an electrical power line, pole, or other   related electrical equipment that does not meet the standards   described by Subsection (a) and poses a risk of causing a fire or   injury to a person, the commission shall, not later than three days   after the date the commission discovers or receives notice of the   condition, notify the Public Utility Commission of Texas and the   operator.  The notice by the commission must include a description   of the condition and, if the condition was discovered at a well   site, whether the well is abandoned. To resolve the condition, the   commission and the Public Utility Commission of Texas, in   collaboration, shall, not later than 10 days after the date the   commission notifies the Public Utility Commission of Texas:                (1)  notify the landowner of the property of the   conditions and the actions taken by the commission and the Public   Utility Commission of Texas to resolve the condition; and                (2)  request:                      (A)  that the state fire marshal or a local   government authority inspect the condition at the well site or   surface facility and require the operator to mitigate any dangerous   conditions identified by the state fire marshal or local government   authority; or                      (B)  that the electric utility providing electric   power to the well site or surface facility investigate the   condition and disconnect electric power at the point of common   coupling meter point, if necessary.          (c)  If electric power to a well site or surface facility is   disconnected by an electric utility in response to a request made   under Subsection (b)(2)(B), the electric utility shall restore   electric power to the site or facility on receipt of a notice by the   commission that the condition is resolved.          SECTION 6.  Section 91.019, Natural Resources Code, as   amended by this Act, applies to an inspection that occurs on or   after the effective date of this Act.          SECTION 7.  This Act takes effect September 1, 2025.