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.