By: Sparks, Hagenbuch  S.B. No. 34          (In the Senate - Filed March 14, 2025; March 17, 2025, read   first time and referred to Committee on Water, Agriculture and   Rural Affairs; April 9, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   April 9, 2025, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 34 By:  Sparks     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 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.          (b)  If, during an inspection of a well site or surface   facility employed in operations incident to oil and gas development   and production, the commission discovers a condition involving an   electrical power line that does not meet the standards described by   Subsection (a), the commission shall notify the Public Utility   Commission of Texas.  To resolve the condition, the commission and   the Public Utility Commission of Texas, in collaboration, shall:                (1)  notify the applicable electric utility providing   electric power to the well site or surface facility of the condition   and require the electric utility to make a determination regarding   whether electric power should be disconnected from the site or   facility;                (2)  request the state fire marshal or a local   government authority inspect 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                (3)  issue notice to the applicable electric utility to   investigate the condition and disconnect electric service, if   necessary.          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.     * * * * *