TFCA Legislative Update January 31, 2025

The House State Affairs Committee has released their interim report, which contains a portion on the Panhandle Wildfires.

Charge V: Panhandle Wildfires (pg. 80) 

RECOMMENDATIONS

Infrastructure Improvements

1. Regulatory Oversight and Monitoring: The Legislature recommends increased regulatory oversight for utility and oil and gas operators to enforce strict maintenance and replacement schedules for power poles and electrical infrastructure. The PUC should conduct studies on existing pole inspection programs and consider additional oversight measures, includingmandatory third-party audits of inspection practices. The Legislature should consider mandating more frequent pole inspections and quicker pole replacement initiatives. Legislative action is necessary to establish clear accountability and impose penalties for non-compliance with maintenance standards.
2. Fire Mitigation Strategies: The Legislature recommends increased funding for fire mitigation methods, such as fire breaks, mob grazing, and pre-suppression lines should be considered. The Legislature should also consider incentivizing the underground installation of power lines in high-risk areas to minimize the risk of power pole fires during extreme weather events. Property owners should participate in fire mitigation programs in regions susceptible to wildfires, promoting community-wide engagement in fire prevention.

Support for Firefighting Resources

1. Aerial Firefighting Resources: The Legislature must look at acquiring and controlling its own fleet of aerial firefighting resources, including fixed-wing and rotary-wing aircraft, either by outright ownership or by rental contract agreement. Relying solely on federal contracts for aerial firefighting assets proved ineffective, resulting in significant delays responding to the wildfires. Establishing state-owned aircraft or additional aircraft contracts will improve response times and provide immediate resources during a fire event. When looking at this recommendation, the Legislature should examine a cost-benefit analysis of owning versus contracting aircraft. Additional investments in water reloading facilities across the Panhandle should also be prioritized to support aerial operations.
2. Increased Funding for VFDs: The Texas Rural VFD Assistance Program should receive increased funding to more fully cover the $43.7 million in grant requests received annually, addressing the $22 million shortfall. Furthermore, a new grant program tailored specifically for smaller VFDs serving large geographical areas should be considered, ensuring these departments receive adequate support. The grant application process must be simplified, and the metrics used to award grants should prioritize rural VFDs with the most significant geographical risk. The Legislature should examine whether (77)R H.B 2604 grants should be modified with more funding. The Legislature should also determine how to deal with the $200 million backlog of these grants.
3. Job Protection for Volunteer Firefighters: Legislation to protect volunteer firefighters from job loss due to their participation in emergency response activities is essential. Volunteer firefighters should not have to choose between protecting their communities and losing their jobs. The Legislature should look at amending section 201.012, Labor Code (the Texas Unemployment Compensation Act), to exclude from the definition of “misconduct” absence from or tardiness to work resulting from responding to a declared natural disaster for up to 14 days in any calendar year. This change would allow terminated firefighters to obtain immediate compensation to help alleviate the burdens of unexpected job loss.
4. Utilizing technology: The Legislature should promote the use of more advanced technology in the PUC and RRC’s wildfire prevention efforts. Since the PUC and RRC have limited resources, they should utilize technology to increase reporting and response times so that they can more quickly respond to hazardous conditions that pose wildfire threats in order to timely resolve those threats.

Communication and Coordination

1. Modernization of Communication Systems: A statewide upgrade of communication equipment is essential to ensure interoperable communication among VFDs, first responders, and state agencies during wildfire events. This includes funding to replace outdated radios with broadband-enabled, digital systems that offer better interoperability and coverage and developing an inventory of firefighting equipment to improve response coordination. Upgraded communication equipment is essential to enable first responders in Texas to be able to communicate with one another during times of emergency. A state-managed communication system should be considered to ensure seamless connectivity between agencies and responders.
2. Enhanced Coordination and Training: Improved coordination between local responders and state agencies is crucial. TAMFS and VFDs should conduct annual joint training exercises to build familiarity and cooperation. Legislative action should establish a mandate for such training sessions, ensuring standardized protocols and fostering trust between agencies. A clear chain of command that prioritizes VFDs in local response management must also be established.
3. Enhanced Predictive Analysis Capabilities: TAMFS should adopt innovative technologies, such as drones, mobile devices, and real-time fire modeling, to improve fire prediction accuracy.

The Legislature should consider whether funding should be allocated for the acquisition of new technology to strengthen predictive analysis capabilities and better prepare Texans from future wildfires.

Other Considerations

1. Access to Right-of-Ways and Easement Regulations: The Legislature should explore easement laws and easement agreements to look at ways to permit utilities to take proactive mitigation steps on private property. Easier access to perform mitigation activities will reduce risks posed by aging infrastructure.
2. Prohibit Utility Rate Increases: The Committee recommends that the Legislature, in conjunction with the PUC, explore any and all available measures to prohibit or mitigate increases in utility rates to recoup funds spent for wildfire-related losses and liabilities.

View the full report HERE.