88R8246 BEE-D
 
  By: King of Hemphill H.B. No. 3343
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of electric vehicle supply equipment;
  requiring an occupational registration; authorizing fees;
  authorizing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 14, Occupations Code, is
  amended by adding Chapter 2311 to read as follows:
  CHAPTER 2311.  ELECTRIC VEHICLE SUPPLY EQUIPMENT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 2311.0101.  DEFINITIONS. In this chapter:
               (1)  "Commercial transaction" means any sale or
  exchange for compensation of electrical energy through a digital
  network.
               (2)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (3)  "Department" means the Texas Department of
  Licensing and Regulation.
               (4)  "Digital network" means an online-enabled
  application, website, or system offered or used by an electric
  vehicle charging provider that allows a user to initiate a
  commercial transaction to dispense electrical energy from electric
  vehicle supply equipment to an electric vehicle.
               (5)  "Electric vehicle supply equipment" means a device
  or equipment used to dispense electrical energy to an electric
  vehicle.
               (6)  "Electric vehicle supply provider" means an owner
  or operator of electric vehicle supply equipment that is available
  and accessible to the public to provide electrical energy through a
  commercial transaction.
  SUBCHAPTER B.  POWERS AND DUTIES
         Sec. 2311.0201.  RULES. The commission shall adopt rules as
  necessary to implement this chapter.
         Sec. 2311.0202.  FEES. The commission by rule shall set fees
  in amounts sufficient to cover the costs of administering this
  chapter.
         Sec. 2311.0203.  CONTRACT. The department may contract to
  perform the department's duties related to electric vehicle supply
  equipment, including inspections. A reference in this chapter to
  the commission or department in the context of a contracted service
  means the contractor.
         Sec. 2311.0204.  INSPECTION OF ELECTRIC VEHICLE SUPPLY
  EQUIPMENT. The department may periodically, or in response to a
  complaint, conduct an inspection of electric vehicle supply
  equipment in order to verify compliance with registration
  requirements and standards established in this chapter and
  commission rules, unless electric vehicle supply equipment is
  exempt from the application of this chapter by commission rule.
         Sec. 2311.0205.  COMPLAINTS REGARDING ELECTRIC VEHICLE
  SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
  director of the department shall establish methods by which
  consumers are notified of the name, Internet website address,
  mailing address, and telephone number of the department for the
  purpose of directing complaints to the department.
         Sec. 2311.0206.  EXEMPTIONS. (a) The commission by rule may
  exempt electric vehicle supply equipment from a requirement
  established by this chapter if the commission determines that
  imposing or enforcing the requirement:
               (1)  is not cost-effective for the department;
               (2)  is not feasible with current resources or
  standards; or
               (3)  will not substantially benefit or protect
  consumers.
         (b)  Electric vehicle supply equipment is exempt from the
  requirements of this chapter if, in accordance with commission
  rule, the electric vehicle supply equipment is:
               (1)  installed in or adjacent to a private residence
  for noncommercial use; or
               (2)  provided at no charge for the exclusive use of an
  individual, or a group of individuals, including employees,
  tenants, visitors, or residents of a multiunit housing or office
  development.
  SUBCHAPTER C.  OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
         Sec. 2311.0301.  DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.
  Unless electric vehicle supply equipment is exempt from the
  application of this chapter or has been removed from service, an
  electric vehicle supply provider shall:
               (1)  have electric vehicle supply equipment inspected
  as prescribed by commission rule; and
               (2)  maintain electric vehicle supply equipment in
  compliance with maintenance specifications, this chapter, and
  commission rule.
         Sec. 2311.0302.  REQUIRED REGISTRATION. (a) Unless
  electric vehicle supply equipment is exempt from the application of
  this chapter by commission rule, an electric vehicle supply
  provider shall register each charging unit of electric vehicle
  supply equipment operated by the provider with the department
  before the electric vehicle supply equipment is made available for
  use on a digital network for a commercial transaction.
         (b)  The department shall issue a registration to each
  applicant that meets the requirements of this chapter and submits
  an application that meets the requirements of this section. An
  application for electric vehicle supply equipment registration
  must:
               (1)  be submitted to the department in a manner
  prescribed by the department;
               (2)  be accompanied by any other document or form
  required by the department;
               (3)  include any fee required under Section 2311.0202;
  and
               (4)  include documentation of compliance with Section
  2311.0303, as prescribed by commission rule.
         (c)  A registration under this section is valid for one or
  two years as established by commission rule.  The registration must
  be renewed at or before the end of each registration period.
         Sec. 2311.0303.  SPECIFICATIONS. (a) Specifications for the
  installation and operation of electric vehicle supply equipment
  must be the same as those recommended by the National Institute of
  Standards and Technology.
         (b)  Electric vehicle supply equipment must be installed and
  operated in accordance with Chapter 1305.
         (c)  The commission may adopt rules as necessary to establish
  standards under this chapter.
         Sec. 2311.0304.  FEES; DISCLOSURES. (a) An electric
  vehicle supply provider shall disclose on the display of the
  electric vehicle supply equipment or on the electric vehicle supply
  provider's digital network:
               (1)  the fee calculation method or methods; and
               (2)  applicable surcharges.
         (b)  Before the user begins charging, the electric vehicle
  supply provider shall disclose:
               (1)  the rate the user will be charged at the time of
  the transaction based on the available fee calculation method or
  methods; and
               (2)  a list of applicable surcharges.
         (c)  In accordance with commission rule, an electric vehicle
  supply provider shall show on the display of the provider's
  electric vehicle supply equipment or on the provider's digital
  network a notice to consumers that: 
               (1)  states that the department regulates electric
  vehicle supply equipment; and 
               (2)  provides information on filing a complaint with
  the department about electric vehicle supply equipment.
         Sec. 2311.0305.  ELECTRONIC RECEIPT. After a reasonable
  period following the completion of a commercial transaction for
  electric vehicle charging, on request of a user, the electric
  vehicle supply provider shall transmit an electronic summary that
  includes:
               (1)  the date and time of the transaction;
               (2)  the physical location of the electric vehicle
  supply equipment;
               (3)  the duration of and kilowatt hours provided during
  the transaction; and
               (4)  an itemization of the total fees paid, including
  surcharges, if applicable.
         Sec. 2311.0306.  REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
  EQUIPMENT. (a) An electric vehicle supply provider shall: 
               (1)  remove from operation in a manner that prevents
  use and access by the public, in accordance with commission rules,
  electric vehicle supply equipment that poses a safety risk; and
               (2)  remove electric vehicle supply equipment that
  poses a safety risk from the electric vehicle supply provider's
  digital network listing of available charging units.
         (b)  If the department determines that electric vehicle
  supply equipment poses a safety risk, the department shall place a
  tag or other mark with the words "Out of Order" on the electric
  vehicle supply equipment.
         (c)  An electric vehicle supply provider may not return
  electric vehicle supply equipment to operation until the equipment
  has been repaired in accordance with manufacturer specifications
  and commission rule.
  SUBCHAPTER D.  ENFORCEMENT
         Sec. 2311.0401.  DISCIPLINARY ACTION. A person is subject
  to the denial of an application, imposition of an administrative
  penalty under Subchapter F, Chapter 51, or disciplinary action
  under Section 51.353 if the person engages in a commercial
  transaction in violation of this chapter or a rule adopted under
  this chapter.
         Sec. 2311.0402.  ADMINISTRATIVE PROCEDURES. A proceeding
  for the denial of a registration or a disciplinary action or an
  appeal from that proceeding is governed by Chapter 2001, Government
  Code.
         SECTION 2.  (a) The Texas Commission of Licensing and
  Regulation shall adopt rules necessary to implement the changes in
  law made by this Act not later than December 1, 2024.
         (b)  Notwithstanding any other provision of this Act,
  electric vehicle supply equipment installed before December 31,
  2023, is exempt from the requirements of Section 2311.0303,
  Occupations Code, as added by this Act, until the fifth anniversary
  of the date the rules described by Subsection (a) of this section
  are adopted.
         SECTION 3.  (a) The Texas Department of Licensing and
  Regulation may establish and lead a stakeholder work group to
  provide input, advice, and recommendations on the activities under
  this Act.  The Texas Department of Licensing and Regulation shall
  establish the size, composition, and scope of the stakeholder work
  group.
         (b)  This section expires on December 1, 2024.
         SECTION 4.  (a) An electric vehicle supply provider shall
  register all of the provider's electric vehicle supply equipment in
  operation in this state not later than March 1, 2025.
         (b)  Electric vehicle supply equipment installed in this
  state before the effective date of this Act must be operated in
  compliance with manufacturer specifications, Chapter 2311,
  Occupations Code, as added by this Act, and Texas Commission of
  Licensing and Regulation rules not later than March 1, 2026.
         (c)  Electric vehicle supply equipment installed on or after
  September 1, 2023, and before March 1, 2025, must be operated in
  compliance with manufacturer specifications, Chapter 2311,
  Occupations Code, as added by this Act, and Texas Commission of
  Licensing and Regulation rules not later than March 1, 2025.
         (d)  Electric vehicle supply equipment installed on or after
  March 1, 2025, must be operated in compliance with manufacturer
  specifications, Chapter 2311, Occupations Code, as added by this
  Act, and Texas Commission of Licensing and Regulation rules, and be
  registered with the Texas Department of Licensing and Regulation
  prior to operation.
         SECTION 5.  This Act takes effect September 1, 2023.