By: Sparks S.B. No. 34
A BILL TO BE ENTITLED
AN ACT
relating to the preparation, prevention, and mitigation of
wildfires.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.004, Government Code, is amended by
adding Subdivision (15) to read as follows:
(15) "Forest service" means the Texas A&M Forest
Service.
SECTION 2. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.059 to read as follows:
Sec. 418.059. STATEWIDE DATABASE OF FIREFIGHTING
EQUIPMENT. (a) The forest service shall create and maintain a
comprehensive database that shows in real time the statewide
inventory of firefighting equipment that is available for use in
responding to wildfires.
(b) The database must:
(1) include a description of the type of firefighting
equipment each fire department in the state has available for use in
responding to wildfires;
(2) include contact information for the fire
department that has the equipment;
(3) be searchable by location and equipment type; and
(4) be accessible by all fire departments in the state
and allow each fire department to update the information in the
database regarding the equipment the fire department has available.
(c) The forest service shall assist fire departments who
choose to provide equipment information in updating the database
annually or as soon as practicable after any change in the
availability of the department's firefighting equipment. The
service shall use an electronic notification system to remind
departments, at least once each calendar year, to provide an update
of their equipment availability.
(d) In this section, "fire department" includes a volunteer
fire department or an emergency services district.
SECTION 3. 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) $30 million$40 million].
SECTION 4. Section 614.102, Government Code, is amended by
adding Subsections (i) and (j) to read as follows:
(i) At least 10 percent of appropriations for a state fiscal
year from the fund is allocated for the purpose of providing
assistance to volunteer fire departments in areas of the state
defined by the service as high risk for large wildfires.
(j) If the amount of assistance requested in a state fiscal
year by eligible departments described by Subsection (i) is less
than the amount allocated under that subsection, the remaining
amount may be used for other types of requests for assistance
described by this subchapter.
SECTION 5. Chapter 421, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. TEXAS INTEROPERABILITY COUNCIL
Sec. 421.121. DEFINITIONS. In this subchapter:
(1) "Council" means the Texas Interoperability
Council established under this subchapter.
(2) "Division" means Texas Division of Emergency
Management.
(3) "Local government" means a municipality, county,
special district or authority, or any other political subdivision
of this state.
Sec. 421.122. TEXAS INTEROPERABILITY COUNCIL. (a) The
Texas Interoperability Council is established to:
(1) develop and coordinate the planning and
implementation of a statewide strategic plan for governing the
interoperability of emergency communication equipment and
infrastructure in this state.
(b) The council is composed of the chief of the Texas
Department of Emergency Management and six members appointed as
follows:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
and
(3) two members appointed by the speaker of the house
of representatives.
(c) Appointed council members serve staggered terms of six
years, with the terms of two members expiring September 1 of each
odd-numbered year.
(d) A majority of the voting members of the council
constitutes a quorum to transact business. If a quorum is present,
the council may act on any matter within the council's jurisdiction
by a majority vote.
(e) The chief of the Texas Department of Emergency
Management serves as the council's presiding officer.
Sec. 421.123. MEETINGS. The council shall meet as often as
necessary at the call of the presiding officer to perform the
council's duties.
Sec. 421.124. APPLICABILITY OF OTHER LAW TO
COUNCIL. (a) Chapters 551 and 2001 do not apply to the council.
(b) Information held by the council is excepted from
required public disclosure under Chapter 552.
Sec. 421.125. STRATEGIC PLAN. (a) The council, in
collaboration with any state agency or private entity as the
council determines appropriate, shall develop a statewide
strategic plan by January 1, 2026 to govern the interoperability of
emergency communication equipment and infrastructure in this
state.
(b) The strategic plan must include:
(1) a plan for the construction of communication
infrastructure necessary to ensure effective emergency
communications among first responders in this state;
(2) a plan to ensure that first responders throughout
this state are equipped with emergency communication equipment that
is interoperable with other emergency communication equipment in
this state; and
(4) a plan to ensure that any new emergency
communication equipment and infrastructure under the plan can be
adapted to or integrated with any existing emergency communication
equipment and infrastructure; and
(5) recommendations for appropriations and statutory
suggestions to implement the strategic plan.
Sec. 421.131. RULES. The division may adopt rules to
administer this subchapter.
SECTION 6. 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 that 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 7. As soon as practicable after the effective date
of this Act, the governor, lieutenant governor, and speaker of the
house of representatives shall appoint members to the Texas
Interoperability Council, as required by Section 421.122,
Government Code, as added by this Act, in the manner required by
that section, as follows:
(1) the governor shall appoint two council members to
a term expiring September 1, 2027;
(2) the lieutenant governor shall appoint two council
members to a term expiring September 1, 2029; and
(3) the speaker of the house of representatives shall
appoint two council members to a term expiring September 1, 2031.
SECTION 8: 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 8. This Act takes effect September 1, 2025.