| 1 | 1 | | 88R14227 SHH-D |
|---|
| 2 | 2 | | By: Zwiener H.B. No. 4195 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the installation by a residential tenant of an electric |
|---|
| 8 | 8 | | vehicle charging station in a parking space assigned to the tenant. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
|---|
| 11 | 11 | | amended by adding Section 92.027 to read as follows: |
|---|
| 12 | 12 | | Sec. 92.027. INSTALLATION OF ELECTRIC VEHICLE CHARGING |
|---|
| 13 | 13 | | STATION BY TENANT OF MULTIUNIT COMPLEX. (a) In this section: |
|---|
| 14 | 14 | | (1) "Electric vehicle charging station" means |
|---|
| 15 | 15 | | equipment manufactured for transferring electric energy from |
|---|
| 16 | 16 | | electrical supply to an electric vehicle and associated |
|---|
| 17 | 17 | | infrastructure necessary for the operation of the electric vehicle |
|---|
| 18 | 18 | | charging station. |
|---|
| 19 | 19 | | (2) "Multiunit complex" has the meaning assigned by |
|---|
| 20 | 20 | | Section 92.151. |
|---|
| 21 | 21 | | (b) A tenant of a multiunit complex may install at the |
|---|
| 22 | 22 | | tenant's expense an electric vehicle charging station in accordance |
|---|
| 23 | 23 | | with this section at a parking space on the premises that is |
|---|
| 24 | 24 | | assigned to the tenant for the tenant's exclusive use in a written |
|---|
| 25 | 25 | | lease. |
|---|
| 26 | 26 | | (c) A landlord shall, in any written lease that includes a |
|---|
| 27 | 27 | | provision for the assignment of a specific parking space to a tenant |
|---|
| 28 | 28 | | of a multiunit complex for the tenant's exclusive use, include |
|---|
| 29 | 29 | | reasonable terms for the installation of an electric vehicle |
|---|
| 30 | 30 | | charging station at the tenant's parking space. |
|---|
| 31 | 31 | | (d) Terms included in a lease under Subsection (c): |
|---|
| 32 | 32 | | (1) shall include a requirement that an electric |
|---|
| 33 | 33 | | vehicle charging station and the installation of an electric |
|---|
| 34 | 34 | | vehicle charging station comply with applicable law and safety |
|---|
| 35 | 35 | | requirements for the protection of persons and property, including |
|---|
| 36 | 36 | | that installation shall be performed only by a person who holds any |
|---|
| 37 | 37 | | license required by law for the performance of the installation; |
|---|
| 38 | 38 | | and |
|---|
| 39 | 39 | | (2) may include requirements that: |
|---|
| 40 | 40 | | (A) an electric vehicle charging station comply |
|---|
| 41 | 41 | | with reasonable architectural standards governing the dimensions, |
|---|
| 42 | 42 | | placement, or external appearance of the electric vehicle charging |
|---|
| 43 | 43 | | station, provided that the standards may not prohibit or have the |
|---|
| 44 | 44 | | effect of prohibiting the installation of a charging station or |
|---|
| 45 | 45 | | substantially increase the installation cost; |
|---|
| 46 | 46 | | (B) the installation of the electric vehicle |
|---|
| 47 | 47 | | charging station not cause irreparable damage to the premises; and |
|---|
| 48 | 48 | | (C) the tenant: |
|---|
| 49 | 49 | | (i) remove the electric vehicle charging |
|---|
| 50 | 50 | | station at the termination of the tenancy; and |
|---|
| 51 | 51 | | (ii) return the premises to the same |
|---|
| 52 | 52 | | condition as before the installation of the electric vehicle |
|---|
| 53 | 53 | | charging station. |
|---|
| 54 | 54 | | (e) A tenant who installs an electric vehicle charging |
|---|
| 55 | 55 | | station under this section shall be responsible for the costs of |
|---|
| 56 | 56 | | installation, operation, maintenance, and repair, including hazard |
|---|
| 57 | 57 | | and liability insurance. |
|---|
| 58 | 58 | | (f) The electricity for the electric vehicle charging |
|---|
| 59 | 59 | | station must be separately metered or metered by an embedded meter |
|---|
| 60 | 60 | | and payable by the tenant installing the charging station. |
|---|
| 61 | 61 | | (g) This section does not require a landlord to provide an |
|---|
| 62 | 62 | | assigned parking space to a tenant in order to accommodate an |
|---|
| 63 | 63 | | electric vehicle charging station. |
|---|
| 64 | 64 | | SECTION 2. Section 92.027, Property Code, as added by this |
|---|
| 65 | 65 | | Act, applies only to a lease entered into or renewed on or after the |
|---|
| 66 | 66 | | effective date of this Act. |
|---|
| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|