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Texas Changed the Rules on Utility Pole Inspections. Here’s What Every Power Utility Needs to Know.
REGULATORY UPDATE · 89th Texas Legislature, 2025
By Mia Diya-Bernhard, P.E., PMP | President & CEO, Aeparmia Engineering | Published June 23, 2026
I have worked for Texas utilities all over the state for over two decades, and I have continuously been amazed by the innovation, advanced maintenance and operations, high-quality customer service, and most importantly their strong health, environment, and safety cultures. So, for decades, Texas had no statewide requirements governing how electric utilities inspect, maintain, or replace their distribution and transmission poles. For the power and telecommunication utilities, we have used the National Electric Safety Code (NESC) as the national standard to follow on our projects, unless of course a utility had their own standards that are typically more stringent than NESC.
This is changing because of mother nature’s inclement weather that has been causing damage to our grid, from long freezes to severe wildfires. The State of Texas passed legislation to strengthen our infrastructure and protect our communities.
The 89th Texas Legislature passed two companion bills that together establish the most comprehensive mandatory pole inspection and management framework in the state’s history. House Bill 144 took effect June 20, 2025. Senate Bill 1789 followed on September 1, 2025. Together, they apply to every electric utility, electric cooperative, and municipally owned utility distributing electric energy to the public in Texas, with no size-based exemptions.
If your utility owns distribution poles in Texas, you are required to comply. And the clock is already running.
Why These Laws Were Passed
The cause of these laws is documented and confirmed. A decayed utility pole broke and caused power wires to fall on dry grass in the Texas Panhandle on February 26, 2024, igniting the Smokehouse Creek Fire. A Texas A&M Forest Service investigation report and a Texas House committee inquiry both confirmed the cause. The fire burned 1,058,482 acres, making it the largest wildfire in Texas history. Two people died, 138 homes were destroyed, more than 15,000 head of cattle perished, and hundreds of water wells were damaged. A decayed pole, a preventable failure, caused it all.
The Texas House committee that investigated the fire found that other poorly maintained power equipment sparked four additional fires in the same region. The committee recommended that the Legislature require more effective monitoring and accountability with utility providers when it comes to inspecting and replacing power poles.
The 89th Legislature acted on that recommendation. HB 144 and SB 1789 are the direct result, shifting Texas from reactive pole management to systematic, evidence-based, and regulator-reviewed programs. The intent is to find failing poles before the next fire, not after.
Two Laws, One Framework
HB 144 and SB 1789 work together. They are not redundant. They address different but complementary obligations.
HB 144 is the management and process law. It requires every covered utility to develop, file, and maintain a formal Distribution Pole Management and Inspection Plan with the PUCT. The plan must document how your utility identifies, inspects, tracks, and repairs poles across your entire distribution system. It is a compliance program, not just a report.
SB 1789 is the technical standards law. It authorizes and directs PUCT to adopt binding statewide structural integrity standards for transmission and distribution poles, including a uniform classification system for assessing pole serviceability. Where HB 144 governs the process, SB 1789 governs the technical bar your poles must meet.
Both laws are in effect. The rulemaking under SB 1789 is actively underway at PUCT.
Note that the PUCT proposed rule 16 TAC §25.63 is still a proposed rule as of this article’s date. The proposed rule is the PUCT’s implementing rule for HB 144, where it establishes the specific plan content requirements, filing formats, submission deadlines, and annual reporting standards that utilities must follow to comply with the law.
who must comply
HB 144 Section 38.103(a) states that compliance is required of each of the following, with no exemption for system size or geography:
- Electric cooperatives
- Electric utilities
- Municipally owned utilities
That means every power utility in the State of Texas. If your entity distributes electric energy to the public in Texas, and you own distribution poles, you are required to file.
The term electric utility in §38.103(b)(6) carries the definition established in Texas Utilities Code §31.002, which applies to investor-owned utilities and river authorities. Electric cooperatives and municipally owned utilities are separately defined and treated as distinct entity classes throughout the Texas Utilities Code. HB 144 uses all three terms independently and intentionally. Utilities should confirm their entity classification and consult legal counsel for guidance on how that classification affects their specific obligations under §38.103(b)(6).
What HB 144 Requires: The Seven Plan Elements
A compliant pole management plan under HB 144 (Texas Utilities Code §38.103(b)) must include all seven of the following elements. These are not guidelines; they are the statutory minimum.
- Scope and Objectives
A statement of the plan’s scope and objectives for ensuring public safety through the effective management, inspection, maintenance, and repair of distribution poles. This is the foundational purpose statement. It anchors everything else in the plan.
- Roles and Responsibilities
The roles and responsibilities of all individuals responsible for overseeing and executing the plan. This includes internal staff and any third-party vendors involved in managing, inspecting, or repairing poles.
- Inspector Training and Certification Processes
The processes for training and certifying personnel, including third-party vendors, who inspect distribution poles. Qualifications must be documented and auditable.
- Inspection and Remediation Timeline
An estimated timeline for completing inspections and for taking remedial action on any pole identified as unreliable, unsafe, or needing repair. The plan must show not just when you will inspect, but how quickly you will act when a problem is found.
- Landowner Complaint Handling
Processes for documenting and responding to reports or complaints made by landowners regarding the condition or repair of a distribution pole. This requires a defined intake process, a tracking method, and a response protocol, not just a phone number.
- Cost Estimates for Plans Submitted by an Electric Utility
For plans submitted by an electric utility (as defined in Texas Utilities Code §31.002, covering investor-owned utilities and river authorities), the estimated cost of implementing the plan is required. Electric cooperatives and municipally owned utilities are not required by the statute to include upfront cost estimates in their initial plan, though PUCT may request them under §38.103(e). All entities, however, are required to report actual implementation costs in their annual May 1 update under §38.103(c).
- Compliance Monitoring Methods
A description of the utility’s methods for monitoring compliance with the plan. This is how you demonstrate to PUCT, on an ongoing basis, that the plan is being executed, not just filed.
Missing any one of these seven elements means your plan is incomplete under the statute.
Annual Updates: What HB 144 §38.103(c) Requires
Filing the initial plan is not a one-time event. Every covered entity must submit an annual update to PUCT no later than May 1 of each year. That annual update must include:
- The entity’s compliance with the plan’s objectives
- The costs of implementing the plan to date
- The results of the entity’s distribution pole inspections, including: the number of poles inspected and any remediation or replacement action taken
Electric utilities may submit this annual update as part of the report already required under Texas Utilities Code §38.101, consolidating reporting obligations where possible. PUCT is required to review each plan and annual update and notify the entity whether it is in compliance with the plan’s objectives. PUCT also has authority to accept substantially similar information required under other law in place of what §38.103 requires, which means utilities already filing under related frameworks may be able to align rather than duplicate reporting.
One Important Flexibility in the Statute
The January 1, 2027 deadline is the outer boundary, but the statute explicitly gives PUCT the authority to establish different plan submission dates for each class of entity. PUCT could set an earlier deadline for large investor-owned utilities and a later one for small rural cooperatives. Monitor the PUCT Interchange for any guidance on class-specific deadlines as the rulemaking progresses.
The Compliance Timeline
The table below reflects the statutory deadlines as written in HB 144 and SB 1789 as enacted by the 89th Texas Legislature.
Deadline | Requirement | Who |
June 20, 2025 | HB 144 effective | All covered utilities |
September 1, 2025 | SB 1789 effective | All covered utilities |
May 1st, annually | Annual update due to PUCT | All covered utilities |
January 1, 2027 | Initial plan due to PUCT (hard deadline) | All covered utilities |
January 1, 2028 | Subsequent plan due — affidavit of compliance with SB 1789 structural integrity standards, or a revised plan that complies with those standards (per 16 TAC §25.63(c)(1)(B)) | All covered utilities |
Every 8 years thereafter | Revised plan required — cycle varies by entity class: electric utilities starting Jan 1, 2032; municipally owned utilities starting Jan 1, 2034; electric cooperatives starting Jan 1, 2036 (per 16 TAC §25.63(c)(1)(B)(ii)) | All covered utilities (date varies by class) |
January 1, 2027 is a hard statutory deadline. Do not wait until late 2026 to file. Early filing gives PUCT time to respond and gives you time to correct any deficiencies before you are out of compliance.
What SB 1789 Will Require: The Structural Standards
The structural integrity standards under SB 1789 have not yet been finalized. PUCT is currently in the rulemaking process as of the date of this publication. The statute specifies what those standards must address:
- A uniform serviceability classification system for assessing every transmission and distribution pole, making inspection results comparable across all Texas utilities
- Geographic and weather-specific requirements accounting for Texas conditions, including Gulf Coast wind exposure, wildfire risk zones, freeze events, and regional variation
- Consideration of national standards, specifically the National Electrical Safety Code (NESC/IEEE C2) and USDA Rural Utilities Service guidelines
- Inspection, maintenance, remediation, and replacement timelines established by PUCT, including reasonable timelines for existing poles installed before the rules take effect
- Detailed recordkeeping of all inspection and remediation activity
- Annual reporting by each covered entity on pole maintenance schedule implementation and inspection results
Critically, the January 2027 deadline is for the HB 144 management plan only. SB 1789 structural compliance is a separate, parallel track tied to PUCT’s rulemaking timeline.
Utilities should continue monitoring PUCT rulemaking activity, as requirements related to pole inspections, remediation timelines, recordkeeping, and structural integrity standards will continue to evolve as Texas implements this new regulatory framework.
Where to Find the Official Documents
The laws themselves are on the Texas Legislature Online at capitol.texas.gov. Search for HB 144 and SB 1789 in the 89th Legislature (2025) to find the enrolled bill text, bill analyses, and fiscal notes. Texas Utilities Code §38.103, as added by HB 144, is the controlling document.
PUCT Interchange at interchange.puc.texas.gov is where all filings, proposed rules, and commission orders are publicly accessible. Key project numbers:
- Project 59287 — Active annual pole inspection reporting project. Real-world filings from utilities across Texas are already posted here. Reading them is the most practical way to understand what compliant submissions look like before formal standards are finalized.
- Project 59431 — SB 1789 structural integrity rulemaking project. Proposed rule text, public comments, and commission orders will appear here as rulemaking progresses.
The proposed 16 TAC §25.63 can be viewed here: https://www.sos.state.tx.us/texreg/archive/March272026/Proposed%20Rules/16.ECONOMIC%20REGULATION.html
National standards for reference: NESC/IEEE C2 at standards.ieee.org and USDA RUS Bulletin 1724E-200 at rd.usda.gov.
HB 144 Compliance: What Texas Utilities Should Be Doing Now
The January 1, 2027 deadline is approaching quickly, and many Texas utilities are discovering that compliance involves significantly more than simply conducting pole inspections. Utilities must establish documented programs, maintain defensible records, implement reporting processes, and prepare for evolving statewide structural standards.
For organizations that do not already have a mature pole management program in place, developing a compliant framework can require substantial planning, coordination, and resource allocation.
Utilities should evaluate their current level of readiness and identify gaps that could affect compliance, operational efficiency, and future reporting obligations.
Organizations that are navigating this transition most effectively are those that have already started.
A Note on the SB 1789 Rulemaking
As of the date of this publication, the structural integrity standards under SB 1789 have not been adopted as final PUCT rules. The rulemaking is in progress. The specific technical thresholds, what makes a pole pass or fail, what the classification system looks like, and what remediation timelines will apply, are still being determined by the Commission.
This is not a reason to wait. The HB 144 management plan can be built entirely from the seven statutory elements already in the law. No final SB 1789 rules are needed to file a compliant plan. The structural standards will layer onto your existing program once adopted.
Aeparmia Engineering is actively monitoring both the HB 144 compliance cycle and the SB 1789 rulemaking. We will publish updates as PUCT progresses toward final rules.
How Aeparmia Helps Texas Utilities Achieve HB 144 Compliance
Aeparmia Engineering helps electric utilities, electric cooperatives, and municipally owned utilities across Texas develop practical, scalable pole management and attachment programs that support compliance, operational efficiency, and system reliability.
Whether you serve a small rural community or a large urban service territory, our team can help develop and implement:
- HB 144 Distribution Pole Management and Inspection Plans
- Pole inventories, audits, inspections, and remediation tracking
- Standard pole attachment license agreements, construction details, and technical guidelines
- Digital pole attachments application forms, and notification processes, including NJUN integration for joint-use notification
- Pole attachment program management and compliance programs
- Engineering and professional services for design, permitting, bidding and construction services
- Annual reporting, program management, and regulatory support
Drawing on our experience supporting utilities such as Lubbock Power & Light, Bryan Texas Utilities, Austin Energy, CPS Energy, and GAATN, we provide the engineering, field services, and program management needed to build sustainable, compliant utility programs anywhere in Texas.
From initial planning to ongoing program administration, Aeparmia serves as a trusted partner for utilities of all sizes. For utilities facing the January 2027 HB 144 deadline, we are ready to support you immediately.
the bottom line
Texas utilities now operate under mandatory, enforceable pole inspection requirements for the first time in state history. The law is clear. The seven plan elements are specific. The January 2027 deadline is fixed.
A decayed pole caused the largest wildfire in Texas history. HB 144 and SB 1789 are the Legislature’s response. Every utility in Texas, large or small, rural or urban, investor-owned or community-owned, now has the same obligation: build a plan, file it, execute it, and report on it every year.
The utilities navigating this transition most effectively are those that have already started. The HB 144 management plan can be built today, without waiting for SB 1789 structural standards to be finalized.
If your utility has not yet assessed its readiness for HB 144 compliance, now is the time to start.
Aeparmia Engineering understands how critical and complex this work can be. We are here to listen to your utility’s needs and support you through the compliance process at whatever stage you are starting from.
About the Author
Mia Diya-Bernhard, P.E., PMP is the President and CEO of Aeparmia Engineering, PLLC (TBPELS Firm No. 19271), a Texas-based civil engineering firm specializing exclusively in utilities infrastructure. Aeparmia serves electric utilities, electric cooperatives, and municipally owned utilities across Texas from offices in Austin, San Antonio, and Lubbock.
For questions, contact us directly through our website.
Sources: Texas HB 144 enrolled bill text, 89th Legislature (2025); Texas Utilities Code §38.103 as enacted (capitol.texas.gov); Texas SB 1789 enrolled bill text, 89th Legislature (2025); Texas Utilities Code §38.006 as enacted (capitol.texas.gov); Texas A&M Forest Service Smokehouse Creek Fire investigation report, March 2024; Texas House committee report on Panhandle wildfires, May 2024 (Texas Legislature); PUCT Interchange Projects 59287 and 59431 (interchange.puc.texas.gov); Texas Utilities Code §31.002 definitions (statutes.capitol.texas.gov).
© 2026 Aeparmia Engineering, PLLC. All rights reserved. This article is for informational purposes only and does not constitute legal advice. Consult qualified legal counsel for compliance guidance specific to your utility.