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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation by a residential tenant of electric |
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vehicle supply equipment in a parking space assigned to the tenant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.027 to read as follows: |
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Sec. 92.027. INSTALLATION OF ELECTRIC VEHICLE SUPPLY |
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EQUIPMENT BY CERTAIN TENANTS. (a) In this section: |
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(1) "Dwelling unit" has the meaning assigned by |
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Section 92.251. |
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(2) "Electric vehicle supply equipment" has the |
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meaning assigned by Section 2311.0101, Occupations Code. |
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(b) A tenant of a dwelling unit may install at the tenant's |
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expense electric vehicle supply equipment in accordance with this |
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section at a parking space on the premises that: |
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(1) is assigned to the tenant for the tenant's |
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exclusive use in a written lease; |
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(2) is accessed by an individual driveway; and |
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(3) is located near an individual or embedded meter. |
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(c) A landlord shall, on request of a tenant of a dwelling |
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unit subject to a written lease that includes a provision for the |
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assignment of a parking space described by Subsection (b), provide |
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to the tenant a separate written agreement with reasonable terms |
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for the installation of electric vehicle supply equipment at the |
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tenant's parking space. |
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(d) Terms included in an agreement under Subsection (c): |
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(1) shall include requirements that: |
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(A) electric vehicle supply equipment and the |
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installation of electric vehicle supply equipment comply with |
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applicable law and safety requirements for the protection of |
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persons and property, including that installation shall be |
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performed only by a person who holds any license required by law for |
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the performance of the installation; and |
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(B) before installing the electric vehicle |
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supply equipment, the tenant provide the landlord with a complete |
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financial analysis and scope of work plan, which the landlord must |
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approve in writing not later than one month after receiving the |
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financial analysis and plan; |
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(2) may include requirements that: |
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(A) electric vehicle supply equipment comply |
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with reasonable architectural standards governing the dimensions, |
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placement, or external appearance of the electric vehicle supply |
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equipment, provided that the standards may not prohibit or have the |
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effect of prohibiting the installation of electric vehicle supply |
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equipment or substantially increase the installation cost; and |
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(B) the installation of the electric vehicle |
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supply equipment not cause irreparable damage to the premises; and |
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(3) at the option of the landlord, may: |
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(A) require that the tenant: |
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(i) remove the electric vehicle supply |
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equipment before the termination of the tenancy; and |
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(ii) return the premises to the same |
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condition as before the installation of the electric vehicle supply |
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equipment; or |
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(B) provide that the electric vehicle supply |
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equipment remain on the premises after the termination of the |
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tenancy and that each successive tenant of the dwelling unit for |
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which the parking space is assigned assume responsibility for the |
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repair, maintenance, insurance, replacement, and removal of the |
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equipment until the equipment is removed. |
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(e) A tenant who installs electric vehicle supply equipment |
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under this section shall: |
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(1) deposit with the landlord an amount sufficient to |
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cover the cost of removal; |
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(2) be responsible for the costs of installation, |
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operation, maintenance, and repair, including hazard and liability |
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insurance; and |
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(3) provide a certificate of insurance naming the |
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landlord as an additional insured on the tenant's insurance policy |
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for any claim related to the installation, maintenance, use, or |
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removal of the electric vehicle supply equipment not later than the |
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14th day after receiving the landlord's approval to install the |
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equipment or notice to provide the certificate. |
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(f) The electricity for the electric vehicle supply |
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equipment must be separately metered or metered by an embedded |
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meter and payable by the tenant installing the supply equipment. |
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(g) This section does not require a landlord to provide an |
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assigned parking space to a tenant in order to accommodate electric |
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vehicle supply equipment. |
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SECTION 2. Section 92.027, Property Code, as added by this |
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Act, applies only with respect to a lease entered into or renewed on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |