EVIDENCE IN ACTIONS FOR DAMAGES CAUSED BY WILDFIRE.

(a) An electric utility, municipally owned utility, or electric cooperative that submits and obtains commission approval for a wildfire mitigation plan under Section 38.080 may use the plan as evidence in an action brought against the utility or cooperative for damages resulting from a wildfire ignited or propagated by the utility's or cooperative's facility.

(b) Subject to any applicable tariff provision, in an action for damages resulting from a wildfire ignited or propagated by an electric utility's, municipally owned utility's, or electric cooperative's facility, the utility or cooperative is not liable for damages resulting from the wildfire if the trier of fact in the action finds that the utility or cooperative:

(1) submitted, obtained commission approval for, and implemented a wildfire mitigation plan under Section 38.080;

(2) was in compliance with relevant measures of the utility's or cooperative's wildfire mitigation plan with respect to the specific equipment found to have ignited or propagated the wildfire; and

(3) did not cause the wildfire intentionally, recklessly, or with negligence.

(c) Subsections (a) and (b) do not apply to an electric utility, municipally owned utility, or electric cooperative that:

(1) does not file a wildfire mitigation plan under Section 38.080; or

(2) files a plan that is rejected by the commission.

(d) Notwithstanding any other provision of this section, this section does not affect an express contractual right of a person or entity involving a communications facility or the shared use of an electric facility or pole attachment.