What Texas lawmakers did after the state’s largest wildfire

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LUBBOCK — Texas lawmakers approved a series of bills this year that aim to better prepare Texas for wildfires and to mitigate their damage.

The legislation includes a study on wildfire risk zones, increasing funding for rural volunteer fire departments, and creating a statewide inventory of firefighting equipment that is accessible to all fire departments in Texas.

The legislative package was inspired by the state’s largest wildfire in history. The Smokehouse Creek fire scorched more than 1 million acres in the Panhandle and killed three people. A special House committee was formed following the fires to investigate the cause and make legislative recommendations.

Senate Bill 34, filed by state Sen. Kevin Sparks, R-Midland, is the most sweeping proposal. It includes a study on fuel loads, which is material that is likely to catch fire in a specific area, such as dry grass or vegetation. The study would also establish wildfire risk zones for residents, homes and businesses. The bill also creates a statewide database of firefighting equipment and increases funding to volunteer fire departments in areas at high risk for large wildfires.

Rep. Ken King, a Republican who lives in Canadian where much of the damage from the wildfires took place, co-sponsored the bill. King led the House committee that investigated the fires and later released a detailed report about the disaster.

“We took a lot of testimony, and a lot of work went on to do what’s right for our volunteer firefighters,” King said. “Senate Bill 34 combines several volunteer firefighter priorities.”

The bill requires that at least 10% of the money in the Rural Volunteer Fire Department Assistance program go to volunteer fire departments in areas at high risk for large wildfires. Texas A&M Forest Service and West Texas A&M University will launch a study to determine wildfire risk zones based on fuel loads of flammable material like vegetation.

Most of the wildfires that burned through the Panhandle started when power lines came into contact with dry vegetation. The Smokehouse Creek fire started when a rotten utility pole snapped and the power lines landed on dry grass.

The bill requires that researchers consider several factors when determining these risk zones, including the projected loss of life, property and natural resources should a wildfire occur in the zone and the financial impact of costs associated with recovering after a wildfire. This study is due by Dec. 1, 2026, and would be submitted to the governor, lieutenant governor, and the Legislature.

“Constant wildfire threats that require preparation, coordination, and resources is the most pressing issue for the Panhandle,” Sparks said in a previous statement.

Another recommendation from the House committee report was the statewide inventory of firefighting equipment that is available during a wildfire. According to the report, there was an uncoordinated response between responding agencies during the Panhandle fires, and a lack of knowledge about what equipment agencies had and what was needed.

Texas A&M Forest Service, the state agency that manages Texas’ forests and natural resources, will operate and maintain the database. Fire departments will be able to see equipment descriptions, search by location and equipment types, and have contact information for fire departments listed in the database. Volunteer stations will also have access to the inventory.

One of King’s bills also addresses what he and other lawmakers have deemed a regulatory “no man’s land,” as state agencies lacked the authority to inspect power lines at oilfield well sites and facilities. Lawmakers identified this as a problem after the investigative committee concluded that unmaintained electrical lines for oilfield equipment started the Smokehouse Creek Fire and others in that same week. Data from the Forest Service shows power lines have caused roughly 60% of fires throughout the Panhandle since 2006.

Under King’s bill, the Railroad Commission, which oversees the oil and gas industry, will notify the Public Utility Commission when it identifies substandard power lines at well sites or at other facilities used for oil and gas production. The notification must include a description of the condition and whether the well is abandoned. The Railroad Commission must also notify the landowner.

The two agencies will then work together to request that a state fire marshal or local authority to inspect the site, and request that the electric service provider disconnect service.

While the Legislature made a lot of progress toward improving the state’s response to wildfires, one bill that failed to pass would have created a statewide network to connect all first responders and state agencies.

House Bill 13, by King, sought to create the Texas Interoperability Council, which would be tasked with the implementation of a statewide plan for emergency communication use. The proposal was praised by first responders during the legislative process. Texas Division of Emergency Management Chief Nim Kidd testified to lawmakers in March that it was the “boldest move” he’s seen in his career.

That bill passed the House in April, but was not taken up by the Senate.

Disclosure: Texas A&M University and West Texas A&M University have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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