BILL ANALYSIS

C.S.H.B. 5120

By: Patterson

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to the Electric Vehicle Infrastructure Plan published last year by the Texas Department of Transportation (TxDOT), the total number of electric vehicles registered in Texas was over 134,000 as of July 2022. Since 2020, the number of electric vehicles in Texas has nearly tripled, and there are electric vehicles registered in 233 of the state's 254 counties. As more of these vehicles drive on Texas roads, there are concerns about access to charging stations that are compatible with every type of electric vehicle. At the federal level, the Infrastructure Investment and Jobs Act signed into law in November 2021 established the National Electric Vehicle Infrastructure (NEVI) Formula Program. NEVI will provide funding to states to deploy public electric vehicle charging infrastructure along public roads to establish an interconnected network across the state and nation. TxDOT's proposals under the Electric Vehicle Infrastructure Plan regarding its use of NEVI funds was approved by the Federal Highway Administration. TxDOT aims to give drivers in Texas confidence and flexibility when traveling for work, recreation, or exploration, regardless of the distance traveled or weather conditions. C.S.H.B. 5120 seeks to ensure that drivers can use the network of electric vehicle charging stations across Texas by requiring the Texas Department of Licensing and Regulation, in consultation with TxDOT, to adopt standards for electric vehicle charging stations with regard to compatible equipment.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5120 amends the Occupations Code to require the Texas Department of Licensing and Regulation, in consultation with the Texas Department of Transportation and not later than December 1, 2024, to adopt standards for electric vehicle charging stations available to the public that require the charging stations to be equipped with a standard electric vehicle charging connector or plug type that is widely compatible with as many electric vehicles as practicable. The bill requires an electric vehicle charging station installed in Texas to be operated in compliance with the adopted standards not later than January 1, 2030.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5120 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes the date the Texas Department of Licensing and Regulation is required to adopt the standards from as soon as practicable after the bill's effective date, as in the introduced, to not later than December 1, 2024.

Whereas the introduced established that an electric vehicle charging station is not required to comply with the adopted standards until September 1, 2025, the substitute requires an electric vehicle charging station installed in Texas to be operated in compliance with the adopted standards not later than January 1, 2030.