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.