Tex. Utilities Code § 38.080 — TX Code / Code ut / Chapter 38 / Section 38.080
§ 38.080. WILDFIRE MITIGATION PLAN.
Status: in_force

(a) In this section:

(1) "Division" means the Texas Division of Emergency Management.

(2) "First responder" has the meaning assigned by Section 418.251, Government Code.

(3) "Plan" means a wildfire mitigation plan described by Subsection (b).

(4) "Wildfire risk area" means an area determined by the division or an electric utility, municipally owned utility, or electric cooperative to be at an elevated risk for wildfire.

(b) An electric utility, municipally owned utility, or electric cooperative that owns a transmission or distribution facility in a wildfire risk area shall file with the commission a wildfire mitigation plan that includes the following:

(1) a description of each area to which the utility or cooperative provides transmission or distribution service that is in a wildfire risk area and the utility's or cooperative's process for periodically inspecting the utility's or cooperative's transmission and distribution facilities in those areas;

(2) a detailed plan for vegetation management in the wildfire risk area;

(3) a detailed operations plan for reducing the likelihood of wildfire ignition from the utility's or cooperative's facilities and for responding to a wildfire;

(4) a description of the procedures the utility or cooperative intends to use to restore the utility's or cooperative's system during and after a wildfire event, including contact information for the utility or cooperative that may be used for coordination with the division and first responders;

(5) the utility's or cooperative's community outreach and public awareness plan regarding wildfire risks and actual wildfires affecting the utility's or cooperative's service territory or system, including a specific communications plan for responding to a wildfire event;

(6) any infrastructure report, maintenance report, or transmission or distribution pole maintenance plan required by the commission;

(7) an analysis of the wildfire mitigation plan prepared by an independent expert in fire risk mitigation;

(8) a description of procedures for de-energizing power lines and disabling reclosers to mitigate potential wildfires or implement a public safety power shut-off plan;

(9) a description of the procedures and standards that the utility or cooperative will use to inspect and operate the utility's or cooperative's infrastructure to mitigate the risk of wildfires;

(10) a description of how the utility or cooperative will monitor compliance with the wildfire mitigation plan; and

(11) any other information the commission may require.

(c) The commission shall issue an order not later than the 180th day after a plan is filed with the commission that:

(1) approves the plan if the commission finds that approval is in the public interest; or

(2) modifies or rejects the plan as necessary to be consistent with the public interest.

(d) An electric utility, municipally owned utility, or electric cooperative that does not implement a plan approved under this section is subject to an administrative penalty as provided by Chapter 15.

(e) The commission may accept in place of the information required under Subsection (b) any information required under other law that is substantially similar to the information required under that subsection.