Texas 2025 - 89th Regular

Texas Senate Bill SB34 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Sparks, et al. S.B. No. 34
2		-
3		-
	1	+	By: Sparks, Hagenbuch S.B. No. 34
	2	+	(In the Senate - Filed March 14, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Water, Agriculture and
	4	+	Rural Affairs; April 9, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	April 9, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 34 By: Sparks
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the preparation for and the prevention, management, and
9	14		potential effects of wildfires and to emergency communications in
10	15		this state; authorizing an increase in the assessment on certain
11	16		insurers that fund the volunteer fire department assistance fund.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. (a) In this section:
14	19		(1) "Fuel loading" means the amount of combustible
15	20		material in a defined space expressed quantitatively in terms of
16	21		weight of fuel per unit area.
17	22		(2) "Service" means the Texas A&M Forest Service.
18	23		(3) "University" means West Texas A&M University.
19	24		(b) The service and university shall jointly conduct a study
20	25		to determine the status and condition of fuel loading in wildfire
21	26		risk zones in this state and the corresponding risk of wildfire to
22	27		the residents, homes, businesses, and ecology of this state.
23	28		(c) In conducting the study, the service and university
24	29		shall:
25	30		(1) establish wildfire risk zones based on fuel
26	31		loading and the risk of wildfire to the residents, homes,
27	32		businesses, and ecology of this state within geographic areas
28	33		defined by the service; and
29	34		(2) solicit and consider information from:
30	35		(A) the Department of Public Safety;
31	36		(B) the Department of Agriculture, including the
32	37		Prescribed Burning Board;
33	38		(C) the Texas Division of Emergency Management;
34	39		(D) the Parks and Wildlife Department;
35	40		(E) the Texas Commission on Environmental
36	41		Quality;
37	42		(F) the State Soil and Water Conservation Board;
38	43		(G) the comptroller of public accounts; and
39	44		(H) other natural resource representatives as
40	45		necessary.
41	46		(d) The study must:
42	47		(1) for each wildfire risk zone established under
43	48		Subsection (c)(1) of this section, consider:
44	49		(A) the risk that fuel loading poses;
45	50		(B) the projected loss of life, property, and
46	51		natural resources should a wildfire occur in the zone;
47	52		(C) the financial impact of costs associated
48	53		with:
49	54		(i) reconstruction in the zone after a
50	55		wildfire;
51	56		(ii) potential loss of production in the
52	57		natural resource and agricultural industries in the zone after a
53	58		wildfire; and
54	59		(iii) fuel loading mitigation and asset
55	60		hardening in the zone; and
56	61		(D) whether the money invested in fuel loading
57	62		mitigation in the zone exceeds or is less than the value of property
58	63		protected by the investment and the amount of the excess or
59	64		shortage;
60	65		(2) assess the overall economic benefits to this state
61	66		of:
62	67		(A) prescribed burning;
63	68		(B) fuel loading control for wildfire
64	69		prevention; and
65	70		(C) public investment in fuel loading reduction
66	71		projects; and
67	72		(3) recommend changes to existing law to ensure that
68	73		public and private natural resource managers have the authority and
69	74		ability to appropriately mitigate fuel loading risks in each
70	75		established risk zone.
71	76		(e) Not later than December 1, 2026, the service and
72	77		university shall submit to the governor, the lieutenant governor,
73	78		the speaker of the house of representatives, and each standing
74	79		committee of the legislature with primary jurisdiction over the
75	80		service or university or another state agency from which
76	81		information is solicited under this section a written report that
77	82		includes a summary of the study and any legislative recommendations
78	83		based on the study.
79	84		(f) This section expires May 1, 2027.
80	85		SECTION 2. Subchapter B, Chapter 88, Education Code, is
81	86		amended by adding Section 88.1255 to read as follows:
82	87		Sec. 88.1255. STATEWIDE DATABASE OF FIREFIGHTING
83	88		EQUIPMENT. (a) In this section, "fire department" means:
84	89		(1) a volunteer fire department; or
85	90		(2) a department of a municipality, county, or special
86	91		district or authority that provides firefighting services.
87	92		(b) The Texas A&M Forest Service shall create and maintain a
88	93		comprehensive database that shows in real time the statewide
89	94		inventory of firefighting equipment available for use in responding
90	95		to wildfires.
91	96		(c) The database must:
92	97		(1) include a description of the type of firefighting
93	98		equipment each fire department in this state has available for use
94	99		in responding to wildfires;
95	100		(2) include contact information for the fire
96	101		department with the equipment;
97	102		(3) be searchable by location and equipment type; and
98	103		(4) be accessible by all fire departments in this
99	104		state and allow each fire department to update the database
100	105		information regarding the fire department's available equipment.
101	106		(d) The Texas A&M Forest Service shall:
102	107		(1) establish and maintain an electronic system to at
103	108		least annually notify a fire department that provides the
104	109		department's firefighting equipment information to the database of
105	110		the requirement to update the information in the database; and
106	111		(2) assist a fire department that provides the
107	112		department's firefighting equipment information to the database in
108	113		updating the database annually or as soon as practicable after any
109	114		change in equipment availability.
110	115		SECTION 3. Section 614.102, Government Code, is amended by
111	116		adding Subsection (i) to read as follows:
112	117		(i) At least 10 percent of appropriations for a state fiscal
113	118		year from the fund for the purpose of providing assistance to
114	119		volunteer fire departments under the program is allocated for
115	120		volunteer fire departments located in areas of this state the
116	121		service determines are at high risk for large wildfires. If the
117	122		amount of assistance requested under this subsection in a state
118	123		fiscal year is less than the amount allocated under this
119	124		subsection, the remainder may be used for other types of assistance
120	125		requests.
121	126		SECTION 4. Section 2007.002, Insurance Code, is amended to
122	127		read as follows:
123	128		Sec. 2007.002. ASSESSMENT. The comptroller shall assess
124	129		against all insurers to which this chapter applies amounts for each
125	130		state fiscal year necessary, as determined by the commissioner, to
126	131		collect a combined total equal to the lesser of:
127	132		(1) the total amount that the General Appropriations
128	133		Act appropriates from the volunteer fire department assistance fund
129	134		account in the general revenue fund for that state fiscal year,
130	135		other than appropriations for contributions to the Texas Emergency
131	136		Services Retirement System made under Section 614.104(d),
132	137		Government Code; or
133	138		(2) $40 [$30] million.
134	139		SECTION 5. Section 91.019, Natural Resources Code, is
135	140		amended to read as follows:
136	141		Sec. 91.019. STANDARDS FOR CONSTRUCTION, OPERATION, AND
137	142		MAINTENANCE OF ELECTRICAL POWER LINES. (a) An operator shall
138	143		construct, operate, and maintain an electrical power line serving a
139	144		well site or other surface facility employed in operations incident
140		-	to oil and gas development and production in accordance with:
141		-	(1) the National Electrical Code published by the
142		-	National Fire Protection Association and adopted by the Texas
143		-	Commission of Licensing and Regulation under Chapter 1305,
144		-	Occupations Code; or
145		-	(2) for a utility, as that term is defined by Section
146		-	11.004, Utilities Code, that is engaged in the maintenance of an
147		-	electric transmission and distribution system, relevant rules
148		-	adopted by the Public Utility Commission of Texas.
149		-	(b) If, during an inspection by the commission of a well
150		-	site or surface facility employed in operations incident to oil and
151		-	gas development and production or on the receipt of a written notice
152		-	submitted by a landowner or lessee, the commission discovers a
153		-	condition involving an electrical power line, pole, or other
154		-	related electrical equipment that does not meet the standards
155		-	described by Subsection (a) and poses a risk of causing a fire or
156		-	injury to a person, the commission shall, not later than three days
157		-	after the date the commission discovers or receives notice of the
158		-	condition, notify the Public Utility Commission of Texas and the
159		-	operator. The notice by the commission must include a description
160		-	of the condition and, if the condition was discovered at a well
161		-	site, whether the well is abandoned. To resolve the condition, the
162		-	commission and the Public Utility Commission of Texas, in
163		-	collaboration, shall, not later than 10 days after the date the
164		-	commission notifies the Public Utility Commission of Texas:
165		-	(1) notify the landowner of the property of the
166		-	conditions and the actions taken by the commission and the Public
167		-	Utility Commission of Texas to resolve the condition; and
168		-	(2) request:
169		-	(A) that the state fire marshal or a local
170		-	government authority inspect the condition at the well site or
171		-	surface facility and require the operator to mitigate any dangerous
172		-	conditions identified by the state fire marshal or local government
173		-	authority; or
174		-	(B) that the electric utility providing electric
175		-	power to the well site or surface facility investigate the
176		-	condition and disconnect electric power at the point of common
177		-	coupling meter point, if necessary.
178		-	(c) If electric power to a well site or surface facility is
179		-	disconnected by an electric utility in response to a request made
180		-	under Subsection (b)(2)(B), the electric utility shall restore
181		-	electric power to the site or facility on receipt of a notice by the
182		-	commission that the condition is resolved.
	145	+	to oil and gas development and production in accordance with the
	146	+	National Electrical Code published by the National Fire Protection
	147	+	Association and adopted by the Texas Commission of Licensing and
	148	+	Regulation under Chapter 1305, Occupations Code.
	149	+	(b) If, during an inspection of a well site or surface
	150	+	facility employed in operations incident to oil and gas development
	151	+	and production, the commission discovers a condition involving an
	152	+	electrical power line that does not meet the standards described by
	153	+	Subsection (a), the commission shall notify the Public Utility
	154	+	Commission of Texas. To resolve the condition, the commission and
	155	+	the Public Utility Commission of Texas, in collaboration, shall:
	156	+	(1) notify the applicable electric utility providing
	157	+	electric power to the well site or surface facility of the condition
	158	+	and require the electric utility to make a determination regarding
	159	+	whether electric power should be disconnected from the site or
	160	+	facility;
	161	+	(2) request the state fire marshal or a local
	162	+	government authority inspect the well site or surface facility and
	163	+	require the operator to mitigate any dangerous conditions
	164	+	identified by the state fire marshal or local government authority;
	165	+	or
	166	+	(3) issue notice to the applicable electric utility to
	167	+	investigate the condition and disconnect electric service, if
	168	+	necessary.
183	169		SECTION 6. Section 91.019, Natural Resources Code, as
184	170		amended by this Act, applies to an inspection that occurs on or
185	171		after the effective date of this Act.
186	172		SECTION 7. This Act takes effect September 1, 2025.
	173	+	* * * * *