Wildfire plans and tree clearing in Texas: the Public Utility Commission and wildfire mitigation plans
What the Texas statute and the Public Utility Commission's rules say about utility wildfire mitigation plans and vegetation management: who files, what a vegetation plan must hold, the 180 day decision, the approval period, and the separate annual vegetation plan for distribution lines.
Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It restates three texts as read on October 8, 2026: House Bill 145 as enrolled by the 89th Legislature, the Public Utility Commission of Texas order adopting 16 Texas Administrative Code section 25.60 as published in the Texas Register on November 28, 2025, and 16 Texas Administrative Code section 25.96 on vegetation management. The comparison of every region is on the guide to utility wildfire plans and tree clearing. Unlike Oregon, none of these texts prints a clearance distance in feet or metres.
Who files and what the statute requires
The bill adds Section 38.080 to the Utilities Code. It says an electric utility, municipally owned utility or electric cooperative that owns a transmission or distribution facility in a wildfire risk area files a wildfire mitigation plan with the commission. It defines a wildfire risk area as an area the Texas Division of Emergency Management, or the utility itself, identifies as at a higher risk for wildfire. Among the eleven listed contents are a process for periodically inspecting facilities in those areas, and "a detailed plan for vegetation management in the wildfire risk area". The list also includes procedures to de-energize lines and disable reclosers, and an analysis of the plan by an independent expert in fire risk mitigation.
The commission is to issue an order not later than the 180th day after a plan is filed, approving it if that is in the public interest, or modifying or rejecting it. A utility that does not implement an approved plan is subject to an administrative penalty. The bill's Section 38.081 lets an approved plan be used as evidence in a wildfire damages case and sets conditions under which a utility is not liable. The text of those conditions is in the bill and is not summarized here.
What the commission's rule adds
The adopted rule, section 25.60, took effect on December 4, 2025. It repeats the statutory contents and adds timing. An application must include a detailed plan for vegetation management in the entity's wildfire risk areas, and may describe use of remote sensing such as LiDAR or satellite data, together with a description of how the entity periodically inspects its facilities. The rule says an entity with an approved plan files for reapproval not later than three years after approval and when it makes a material change. It gives examples of a material change: eliminating an approved measure, reducing the approved frequency of infrastructure inspections or vegetation management, adding a new measure, or a significant update to its risk modeling. It also says commission approval is effective until the earlier of the fifth anniversary of approval or approval of a later application, and that an approved plan holder files an annual report by May 1 of each year, beginning the year after approval. After a wildfire, the commission can require an after-action report.
The annual vegetation plan for distribution lines
This is the part that applies whether or not a plan is filed. Section 25.96 covers an electric utility's distribution assets, defined as facilities operating below 60 kilovolts, excluding substations, underground facilities and service drops. It says each utility maintains a Vegetation Management Plan describing objectives, practices, procedures and work specifications, reviewed and updated by December 31 of each year. The plan covers tree pruning methodology, trimming clearances and scheduling approach, tree risk management, continuing education for the utility's vegetation personnel, the miles of circuits to be trimmed, remediation for the worst performing feeders and customer notification. A utility reports by May 1 each year, including how it prepares for drought and wildfire danger, and explains any deviation from mandatory provisions of ANSI Z133.1, the ANSI A300 parts on pruning, utility rights-of-way and tree risk assessment, and National Electrical Safety Code Section 218.
Sources
- Texas Legislature, House Bill 145, 89th Legislature, enrolled version, read October 8, 2026
- Texas Secretary of State, Texas Register November 28, 2025, adopted rules, Public Utility Commission of Texas section 25.60, read October 8, 2026
- Legal Information Institute, 16 Texas Administrative Code section 25.96, Vegetation Management, read October 8, 2026