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.