Texas 2025 - 89th Regular

Texas House Bill HB3706 Compare Versions

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11 89R11207 SCR-D
22 By: Zwiener H.B. No. 3706
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the installation by a residential tenant of electric
1010 vehicle supply equipment in a parking space assigned to the tenant.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1313 amended by adding Section 92.027 to read as follows:
1414 Sec. 92.027. INSTALLATION OF ELECTRIC VEHICLE SUPPLY
1515 EQUIPMENT BY CERTAIN TENANTS. (a) In this section:
1616 (1) "Dwelling unit" has the meaning assigned by
1717 Section 92.251.
1818 (2) "Electric vehicle supply equipment" has the
1919 meaning assigned by Section 2311.0101, Occupations Code.
2020 (b) A tenant of a dwelling unit may install at the tenant's
2121 expense electric vehicle supply equipment in accordance with this
2222 section at a parking space on the premises that:
2323 (1) is assigned to the tenant for the tenant's
2424 exclusive use in a written lease;
2525 (2) is accessed by an individual driveway; and
2626 (3) is located near an individual or embedded meter.
2727 (c) A landlord shall, on request of a tenant of a dwelling
2828 unit subject to a written lease that includes a provision for the
2929 assignment of a parking space described by Subsection (b), provide
3030 to the tenant a separate written agreement with reasonable terms
3131 for the installation of electric vehicle supply equipment at the
3232 tenant's parking space.
3333 (d) Terms included in an agreement under Subsection (c):
3434 (1) shall include requirements that:
3535 (A) electric vehicle supply equipment and the
3636 installation of electric vehicle supply equipment comply with
3737 applicable law and safety requirements for the protection of
3838 persons and property, including that installation shall be
3939 performed only by a person who holds any license required by law for
4040 the performance of the installation; and
4141 (B) before installing the electric vehicle
4242 supply equipment, the tenant provide the landlord with a complete
4343 financial analysis and scope of work plan, which the landlord must
4444 approve in writing not later than one month after receiving the
4545 financial analysis and plan;
4646 (2) may include requirements that:
4747 (A) electric vehicle supply equipment comply
4848 with reasonable architectural standards governing the dimensions,
4949 placement, or external appearance of the electric vehicle supply
5050 equipment, provided that the standards may not prohibit or have the
5151 effect of prohibiting the installation of electric vehicle supply
5252 equipment or substantially increase the installation cost; and
5353 (B) the installation of the electric vehicle
5454 supply equipment not cause irreparable damage to the premises; and
5555 (3) at the option of the landlord, may:
5656 (A) require that the tenant:
5757 (i) remove the electric vehicle supply
5858 equipment before the termination of the tenancy; and
5959 (ii) return the premises to the same
6060 condition as before the installation of the electric vehicle supply
6161 equipment; or
6262 (B) provide that the electric vehicle supply
6363 equipment remain on the premises after the termination of the
6464 tenancy and that each successive tenant of the dwelling unit for
6565 which the parking space is assigned assume responsibility for the
6666 repair, maintenance, insurance, replacement, and removal of the
6767 equipment until the equipment is removed.
6868 (e) A tenant who installs electric vehicle supply equipment
6969 under this section shall:
7070 (1) deposit with the landlord an amount sufficient to
7171 cover the cost of removal;
7272 (2) be responsible for the costs of installation,
7373 operation, maintenance, and repair, including hazard and liability
7474 insurance; and
7575 (3) provide a certificate of insurance naming the
7676 landlord as an additional insured on the tenant's insurance policy
7777 for any claim related to the installation, maintenance, use, or
7878 removal of the electric vehicle supply equipment not later than the
7979 14th day after receiving the landlord's approval to install the
8080 equipment or notice to provide the certificate.
8181 (f) The electricity for the electric vehicle supply
8282 equipment must be separately metered or metered by an embedded
8383 meter and payable by the tenant installing the supply equipment.
8484 (g) This section does not require a landlord to provide an
8585 assigned parking space to a tenant in order to accommodate electric
8686 vehicle supply equipment.
8787 SECTION 2. Section 92.027, Property Code, as added by this
8888 Act, applies only with respect to a lease entered into or renewed on
8989 or after the effective date of this Act.
9090 SECTION 3. This Act takes effect September 1, 2025.