This section requires the commission to set pole structural integrity standards, and requires covered utilities to follow them, report yearly, and sometimes file an attestation.
Sec. 38.006. STRUCTURAL INTEGRITY STANDARDS FOR TRANSMISSION AND DISTRIBUTION POLES. (a) This section applies only to an electric utility, municipally owned utility, or electric cooperative that operates transmission or distribution assets. (b) The commission by rule shall adopt standards for the structural integrity of transmission and distribution poles. (c) The standards adopted under this section must: (1) require an electric utility to: (A) inspect, maintain, remediate, and replace transmission and distribution poles as necessary on a timeline established by the commission; and (B) maintain records of the actions described by Paragraph (A); (2) account for geographic and weather characteristics of this state; (3) consider national guidelines such as the National Electrical Safety Code and guidelines developed by the Rural Utilities Service of the United States Department of Agriculture; (4) establish a classification system to assess the serviceability of transmission and distribution poles that accounts for pole maintenance and extending the service life of transmission and distribution poles; and (5) consider the characteristics of electric utility, municipally owned utility, and electric cooperative transmission and distribution systems throughout this state. (d) The governing body of a municipally owned utility or an electric cooperative shall adopt for the utility or cooperative, as applicable, the standards adopted by the commission under Subsection (b). If the commission revises the standards adopted under Subsection (b), the governing body of each municipally owned utility and electric cooperative shall adopt the revised standards not later than the 120th day after the effective date of the commission's revised standards. (e) Not later than May 1 of each year, each electric utility, municipally owned utility, and electric cooperative shall submit to the commission a report on: (1) the implementation of the utility's or cooperative's transmission and distribution pole maintenance schedule; (2) the results of the utility's or cooperative's inspection of transmission and distribution poles, including the number of poles inspected and any remediation or replacement action taken; and (3) any other information the commission requires. (f) A municipally owned utility or electric cooperative shall include with the first report required under Subsection (e) after the utility or cooperative adopts initial or revised standards under Subsection (d) an attestation from the utility's or cooperative's highest-ranking representative, official, or officer with binding authority over the utility or cooperative stating that the utility or cooperative has adopted standards in compliance with this section. (g) The commission may impose an administrative penalty under Section 15.023 against a municipally owned utility or electric cooperative for a violation of this section or a rule adopted under this section. Added by Acts 2025, 89th Leg., R.S., Ch. 856 (S.B. 1789), Sec. 3, eff. September 1, 2025. SUBCHAPTER B. PROHIBITIONS ON PREFERENCES AND DISCRIMINATION