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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of electric vehicle supply equipment; |
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requiring an occupational registration; authorizing fees; |
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authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 14, Occupations Code, is |
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amended by adding Chapter 2311 to read as follows: |
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CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2311.0101. DEFINITIONS. In this chapter: |
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(1) "Commercial transaction" means any sale or |
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exchange for compensation of electrical energy through a digital |
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network. |
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(2) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(3) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(4) "Digital network" means an online-enabled |
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application, website, or system offered or used by an electric |
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vehicle supply provider that allows a user to initiate a commercial |
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transaction to dispense electrical energy from electric vehicle |
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supply equipment to an electric vehicle. |
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(5) "Electric vehicle supply equipment" means a device |
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or equipment used to dispense electrical energy to an electric |
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vehicle. |
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(6) "Electric vehicle supply provider" means an owner |
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or operator of electric vehicle supply equipment that is available |
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and accessible to the public to provide electrical energy through a |
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commercial transaction. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 2311.0201. RULES. The commission shall adopt rules as |
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necessary to implement this chapter. |
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Sec. 2311.0202. FEES. The commission by rule shall set fees |
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in amounts sufficient to cover the costs of administering this |
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chapter. |
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Sec. 2311.0203. CONTRACT. The department may contract to |
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perform the department's duties related to electric vehicle supply |
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equipment, including inspections. A reference in this chapter to |
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the commission or department in the context of a contracted service |
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means the contractor. |
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Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY |
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EQUIPMENT. The department may periodically, or in response to a |
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complaint, conduct an inspection of electric vehicle supply |
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equipment in order to verify compliance with registration |
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requirements and standards established in this chapter and |
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commission rules, unless electric vehicle supply equipment is |
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exempt from the application of this chapter by commission rule. |
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Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE |
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SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive |
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director of the department shall establish methods by which |
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consumers are notified of the name, Internet website address, |
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mailing address, and telephone number of the department for the |
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purpose of directing complaints to the department. |
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Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may |
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exempt electric vehicle supply equipment from a requirement |
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established by this chapter if the commission determines that |
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imposing or enforcing the requirement: |
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(1) is not cost-effective for the department; |
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(2) is not feasible with current resources or |
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standards; or |
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(3) will not substantially benefit or protect |
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consumers. |
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(b) Electric vehicle supply equipment is exempt from the |
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requirements of this chapter if, in accordance with commission |
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rule, the electric vehicle supply equipment is: |
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(1) installed in or adjacent to a private residence |
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for noncommercial use; |
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(2) provided for the exclusive use of an individual, |
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or a group of individuals, including employees, tenants, visitors, |
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or residents of a multiunit housing or office development; or |
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(3) provided by a business for use at no charge. |
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Sec. 2311.0207. REGULATION OF LEGACY CHARGERS. The |
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commission may adopt rules to regulate electric vehicle supply |
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equipment in operation before January 1, 2024, that: |
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(1) has never had a metering system in place capable of |
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measuring electricity transferred from the charging station to the |
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vehicle; or |
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(2) is not capable of measuring the time elapsed while |
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actively charging a vehicle and calculating a fee for the charging |
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session. |
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SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT |
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Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER. |
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Unless electric vehicle supply equipment is exempt from the |
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application of this chapter or has been removed from service, an |
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electric vehicle supply provider shall: |
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(1) have electric vehicle supply equipment inspected |
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as prescribed by commission rule; and |
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(2) maintain electric vehicle supply equipment in |
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compliance with maintenance specifications, this chapter, and |
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commission rule. |
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Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless |
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electric vehicle supply equipment is exempt from the application of |
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this chapter by commission rule, an electric vehicle supply |
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provider shall register each charging unit of electric vehicle |
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supply equipment operated by the provider with the department |
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before the electric vehicle supply equipment is made available for |
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use on a digital network for a commercial transaction. |
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(b) The department shall issue a registration to each |
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applicant that meets the requirements of this chapter and submits |
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an application that meets the requirements of this section. An |
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application for electric vehicle supply equipment registration |
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must: |
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(1) be submitted to the department in a manner |
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prescribed by the department; |
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(2) be accompanied by any other document or form |
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required by the department; |
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(3) include any fee required under Section 2311.0202; |
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and |
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(4) include documentation of compliance with Section |
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2311.0303, as prescribed by commission rule. |
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Sec. 2311.0303. SPECIFICATIONS. (a) The commission shall |
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adopt specifications for the installation and operation of electric |
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vehicle supply equipment that are substantially similar to the |
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specifications most recently adopted by the National Institute of |
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Standards and Technology. |
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(b) Electric vehicle supply equipment must be installed and |
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operated in accordance with Chapter 1305. |
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(c) The commission may adopt rules as necessary to establish |
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standards under this chapter. |
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Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric |
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vehicle supply provider shall disclose on the display of the |
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electric vehicle supply equipment or on the electric vehicle supply |
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provider's digital network: |
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(1) the fee calculation method or methods; and |
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(2) applicable surcharges. |
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(b) Before the user begins charging, the electric vehicle |
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supply provider shall disclose: |
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(1) the rate the user will be charged at the time of |
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the transaction based on the available fee calculation method or |
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methods; and |
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(2) a list of applicable surcharges. |
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(c) In accordance with commission rule, an electric vehicle |
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supply provider shall show on the display of the provider's |
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electric vehicle supply equipment or on the provider's digital |
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network a notice to consumers that: |
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(1) states that the department regulates electric |
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vehicle supply equipment; and |
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(2) provides information on filing a complaint with |
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the department about electric vehicle supply equipment. |
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Sec. 2311.0305. RECEIPT. After a reasonable period |
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following the completion of a commercial transaction for electric |
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vehicle charging, on request of a user, the electric vehicle supply |
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provider shall transmit a summary that includes: |
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(1) the date and time of the transaction; |
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(2) the physical location of the electric vehicle |
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supply equipment; |
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(3) the duration of and kilowatt hours provided during |
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the transaction; and |
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(4) an itemization of the total fees paid, including |
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surcharges, if applicable. |
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Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY |
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EQUIPMENT. (a) An electric vehicle supply provider shall: |
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(1) remove from operation in a manner that prevents |
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use and access by the public, in accordance with commission rules, |
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electric vehicle supply equipment that poses a safety risk; and |
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(2) remove electric vehicle supply equipment that |
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poses a safety risk from the electric vehicle supply provider's |
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digital network listing of available charging units. |
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(b) If the department determines that electric vehicle |
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supply equipment poses a safety risk, the department shall place a |
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tag or other mark with the words "Out of Order" on the electric |
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vehicle supply equipment. |
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(c) An electric vehicle supply provider may not return |
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electric vehicle supply equipment to operation until the equipment |
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has been repaired in accordance with manufacturer specifications |
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and commission rule. |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject |
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to the denial of an application, imposition of an administrative |
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penalty under Subchapter F, Chapter 51, or disciplinary action |
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under Section 51.353 if the person engages in a commercial |
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transaction in violation of this chapter or a rule adopted under |
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this chapter. |
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Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding |
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for the denial of a registration or a disciplinary action or an |
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appeal from that proceeding is governed by Chapter 2001, Government |
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Code. |
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SECTION 2. (a) The Texas Commission of Licensing and |
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Regulation shall adopt rules necessary to implement the changes in |
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law made by this Act not later than December 1, 2024. |
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(b) Notwithstanding any other provision of this Act, |
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electric vehicle supply equipment installed before December 31, |
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2023, is exempt from the requirements of Section 2311.0303, |
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Occupations Code, as added by this Act, until the 10th anniversary |
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of the date the rules described by Subsection (a) of this section |
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are adopted. |
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SECTION 3. (a) The Texas Department of Licensing and |
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Regulation may establish and lead a stakeholder work group to |
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provide input, advice, and recommendations on the activities under |
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this Act. The Texas Department of Licensing and Regulation shall |
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establish the size, composition, and scope of the stakeholder work |
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group. |
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(b) This section expires on December 1, 2024. |
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SECTION 4. (a) An electric vehicle supply provider shall |
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register all of the provider's electric vehicle supply equipment in |
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operation in this state not later than March 1, 2025. |
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(b) Electric vehicle supply equipment installed in this |
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state before the effective date of this Act must be operated in |
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compliance with manufacturer specifications, Chapter 2311, |
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Occupations Code, as added by this Act, and Texas Commission of |
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Licensing and Regulation rules not later than March 1, 2028. |
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(c) Electric vehicle supply equipment installed on or after |
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the effective date of this Act and before March 1, 2025, must be |
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operated in compliance with manufacturer specifications, Chapter |
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2311, Occupations Code, as added by this Act, and Texas Commission |
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of Licensing and Regulation rules not later than March 1, 2025. |
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(d) Electric vehicle supply equipment installed on or after |
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March 1, 2025, must be operated in compliance with manufacturer |
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specifications, Chapter 2311, Occupations Code, as added by this |
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Act, and Texas Commission of Licensing and Regulation rules, and be |
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registered with the Texas Department of Licensing and Regulation |
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prior to operation. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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