87R8540 JXC-D     By: Schwertner S.B. No. 839       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of electric vehicle charging equipment   by the Texas Department of Licensing and Regulation; authorizing a   fee; providing a civil 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 CHARGING EQUIPMENT   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 2311.0101.  DEFINITIONS. In this chapter:                (1)  "Charging provider" means a person who provides   another person with the use of electric vehicle charging equipment   in a commercial transaction.                (2)  "Commission" means the Texas Commission of   Licensing and Regulation.                (3)  "Department" means the Texas Department of   Licensing and Regulation.                (4)  "Electric vehicle charging equipment" means   equipment manufactured for transferring electric energy from   electric supply to an electric vehicle.                (5)  "Executive director" means the executive director   of the department.                (6)  "Metering device" means a commercial device used   to measure electric energy transferred by electric vehicle charging   equipment and compute the charge for the energy.          Sec. 2311.0102.  ENFORCEMENT OF CHAPTER. The department   shall administer and enforce the provisions of this chapter and   shall regulate all metering devices in this state. The department   may purchase apparatus as necessary for the administration of this   chapter.          Sec. 2311.0103.  CIVIL PENALTY; INJUNCTION. (a)  A person   who violates this chapter or a rule adopted under this chapter is   liable to the state for a civil penalty not to exceed $500 for each   violation. Each day a violation continues may be considered a   separate violation for purposes of a civil penalty assessment.          (b)  On request of the executive director, the attorney   general or the county attorney or district attorney of the county in   which the violation is alleged to have occurred shall file suit to   collect the penalty.          (c)  A civil penalty collected under this section shall be   deposited in the state treasury to the credit of the general revenue   fund. A civil penalty recovered in a suit first instituted by one   or more local governments under this section shall be equally   divided between this state and each local government that first   instituted the suit, with 50 percent of the recovery deposited to   the credit of the general revenue fund and the other 50 percent   distributed equally to each local government.          (d)  The executive director is entitled to appropriate   injunctive relief to prevent or abate a violation of this chapter or   a rule adopted under this chapter. On request of the executive   director, the attorney general or the county or district attorney   of the county in which the alleged violation is threatened or is   occurring shall file suit for the injunctive relief. Venue is in   the county in which the alleged violation is threatened or is   occurring.          (e)  The department and the attorney general may each recover   reasonable expenses incurred in obtaining injunctive relief and   civil penalties under this section, including investigative costs,   court costs, reasonable attorney's fees, witness fees, and   deposition expenses. The expenses recovered by the department may   be appropriated only to the department for the administration and   enforcement of this chapter. The expenses recovered by the attorney   general may be appropriated only to the attorney general.   SUBCHAPTER B. REGULATION OF METERING DEVICES          Sec. 2311.0201.  STANDARDS. The commission by rule may   adopt standards for the sale of electric energy from electric   vehicle charging equipment for transfer to an electric vehicle. The   standards may include:                (1)  specifications, tolerances, and other technical   requirements for metering devices;                (2)  provisions on the accuracy of metering devices;                (3)  recordkeeping requirements;                (4)  provisions for consumer protection; and                (5)  provisions to promote fair competition among   charging providers.           Sec. 2311.0202.  EXEMPTION OF CERTAIN METERING DEVICES. The   commission by rule may exempt a metering device from a requirement   established under 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.          Sec. 2311.0203.  STOP-SALE ORDER. (a) If the department has   reason to believe that a metering device is being used in commercial   transactions in violation of this chapter or rules adopted under   this chapter, the executive director may issue an order to stop the   sale of electric energy using the metering device. The executive   director shall issue the order to the owner or custodian of the   metering device or seller of the electric energy. The person   receiving the order may not sell electric energy using the metering   device until authorized by a court under Subsection (b) or until the   executive director finds that the device is in compliance with this   chapter.          (b)  The owner or custodian of the metering device or seller   of electric energy prohibited from sale by an order of the executive   director is entitled to sue in a court with jurisdiction in a county   where the metering device is found or the electric energy is being   sold or offered for sale for a judgment as to the justification of   the order and for an authorization to use the metering device in   accordance with the findings of the court.          (c)  This section does not limit the right of the department   to proceed as authorized by other sections of this code.   SUBCHAPTER C. INSPECTION AND REGISTRATION OF METERING DEVICES          Sec. 2311.0301.  AUTHORITY TO INSPECT. (a)  If the   department has reason to believe that a metering device is being   used for a commercial transaction and the device is not registered   with the department, the department may inspect the device and the   records of the owner, operator, or user of the device that relate to   use of the device to determine whether the device and associated   devices are in compliance with this chapter.          (b)  The department has reason to believe a metering device   is being used for a commercial transaction if:                (1)  the metering device appears to be under the   control or in the possession of a person selling or offering for   sale the use of electric vehicle charging equipment; or                (2)  other available evidence is sufficient for a   prudent person to believe that the metering device is being used for   a commercial transaction.          Sec. 2311.0302.  INSPECTION OF METERING DEVICES. Unless a   metering device is exempt from the application of this section by   commission rule, a metering device shall be inspected, tested, and   calibrated for correctness by the department at least once every   two years if the device is:                (1)  kept for sale, sold, or used by a proprietor,   agent, lessee, or employee in proving the measure of electric   energy transferred to a plug-in vehicle; or                (2)  purchased, offered, or submitted by a proprietor,   agent, lessee, or employee for sale, hire, or award.          Sec. 2311.0303.  REQUIRED REGISTRATION OF METERING DEVICES.   (a) Unless a metering device is exempt from the application of this   section by commission rule, a person who owns or operates a metering   device shall register the device with the department before using   the device for a commercial transaction.          (b)  An application for a device registration must:                (1)  be submitted to the department on a form   prescribed by the department;                (2)  be accompanied by any other document or form   required by the department;                (3)  include any fees required under Section 2311.0307;   and                (4)  include documentation of compliance with Section   2311.0302.          (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 and the   application for renewal must include documentation of compliance   with Section 2311.0302.          (d)  If a person fails to register or renew a registration as   required by this section, the department may not issue a   certificate to operate the metering device. The department shall   issue the certificate when the operator submits to the department   the items required by Subsection (b).          (e)  The department may assess a late fee if the registration   of one or more devices located on a premises is renewed after the   end of the registration period because of a registration error,   including one or more devices not properly registered, failure to   register the correct type of device, or failure to timely register a   previously registered device. The amount of the late fee may not   exceed $50 per device, with a maximum penalty amount of $500 per   year for the premises.          Sec. 2311.0304.  COMPLAINTS REGARDING METERING DEVICES. In   accordance with Chapter 51, the executive director shall establish   methods by which consumers and service recipients are notified of   the name, mailing address, and telephone number of the department   for the purpose of directing complaints to the department. The   department shall provide to the person filing the complaint and to   each person who is a subject of the complaint information about the   department's policies and procedures relating to complaint   investigation and resolution.          Sec. 2311.0305.  REPAIR OR DESTRUCTION OF INCORRECT METERING   DEVICES. (a)  If, in the judgment of the department, a metering   device found to be incorrect is not capable of being repaired, the   department may condemn, seize, and destroy the device.          (b)  If, in the judgment of the department, an incorrect   metering device is capable of being repaired, the department shall   place on the device a tag or other mark with the words "Out of   Order." The owner or user of the metering device may not use it   until it is reinspected and released for use by the department or   inspected and released for use in any other manner authorized by   commission rule.          (c)  The owner, operator, or user of a metering device may   not destroy, replace, or otherwise dispose of a device declared to   be incorrect or condemned under this section except as provided by   commission rule.          Sec. 2311.0306.  DISPOSING OF CONDEMNED METERING DEVICE. A   person may not dispose of a metering device condemned under Section   2311.0305 in a manner contrary to that section.          Sec. 2311.0307.  FEES. The commission by rule shall   establish fees in amounts reasonable and necessary to cover the   cost of administering this chapter.          Sec. 2311.0308.  REFUSING TO ALLOW TEST OF METERING DEVICE.   (a)  A person may not refuse to allow a metering device under the   person's control or in the person's possession to be inspected,   tested, or examined by the department when the inspection, test, or   examination is required or authorized by this chapter.          (b)  A person may not hinder or obstruct in any way the   department, a department inspector, or other department employee in   the performance of official duties.          (c)  A person may not remove or obliterate a tag or device   placed or required by the department to be placed on a metering   device under this chapter.          SECTION 2.  The Texas Department of Licensing and Regulation   shall adopt any rules necessary for the administration of Chapter   2311, Occupations Code, as added by this Act, not later than   September 1, 2022.          SECTION 3.  This Act takes effect September 1, 2021.