1 | 1 | | 89R11207 SCR-D |
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2 | 2 | | By: Zwiener H.B. No. 3706 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the installation by a residential tenant of electric |
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10 | 10 | | vehicle supply equipment in a parking space assigned to the tenant. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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13 | 13 | | amended by adding Section 92.027 to read as follows: |
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14 | 14 | | Sec. 92.027. INSTALLATION OF ELECTRIC VEHICLE SUPPLY |
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15 | 15 | | EQUIPMENT BY CERTAIN TENANTS. (a) In this section: |
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16 | 16 | | (1) "Dwelling unit" has the meaning assigned by |
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17 | 17 | | Section 92.251. |
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18 | 18 | | (2) "Electric vehicle supply equipment" has the |
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19 | 19 | | meaning assigned by Section 2311.0101, Occupations Code. |
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20 | 20 | | (b) A tenant of a dwelling unit may install at the tenant's |
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21 | 21 | | expense electric vehicle supply equipment in accordance with this |
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22 | 22 | | section at a parking space on the premises that: |
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23 | 23 | | (1) is assigned to the tenant for the tenant's |
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24 | 24 | | exclusive use in a written lease; |
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25 | 25 | | (2) is accessed by an individual driveway; and |
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26 | 26 | | (3) is located near an individual or embedded meter. |
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27 | 27 | | (c) A landlord shall, on request of a tenant of a dwelling |
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28 | 28 | | unit subject to a written lease that includes a provision for the |
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29 | 29 | | assignment of a parking space described by Subsection (b), provide |
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30 | 30 | | to the tenant a separate written agreement with reasonable terms |
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31 | 31 | | for the installation of electric vehicle supply equipment at the |
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32 | 32 | | tenant's parking space. |
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33 | 33 | | (d) Terms included in an agreement under Subsection (c): |
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34 | 34 | | (1) shall include requirements that: |
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35 | 35 | | (A) electric vehicle supply equipment and the |
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36 | 36 | | installation of electric vehicle supply equipment comply with |
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37 | 37 | | applicable law and safety requirements for the protection of |
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38 | 38 | | persons and property, including that installation shall be |
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39 | 39 | | performed only by a person who holds any license required by law for |
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40 | 40 | | the performance of the installation; and |
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41 | 41 | | (B) before installing the electric vehicle |
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42 | 42 | | supply equipment, the tenant provide the landlord with a complete |
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43 | 43 | | financial analysis and scope of work plan, which the landlord must |
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44 | 44 | | approve in writing not later than one month after receiving the |
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45 | 45 | | financial analysis and plan; |
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46 | 46 | | (2) may include requirements that: |
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47 | 47 | | (A) electric vehicle supply equipment comply |
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48 | 48 | | with reasonable architectural standards governing the dimensions, |
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49 | 49 | | placement, or external appearance of the electric vehicle supply |
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50 | 50 | | equipment, provided that the standards may not prohibit or have the |
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51 | 51 | | effect of prohibiting the installation of electric vehicle supply |
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52 | 52 | | equipment or substantially increase the installation cost; and |
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53 | 53 | | (B) the installation of the electric vehicle |
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54 | 54 | | supply equipment not cause irreparable damage to the premises; and |
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55 | 55 | | (3) at the option of the landlord, may: |
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56 | 56 | | (A) require that the tenant: |
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57 | 57 | | (i) remove the electric vehicle supply |
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58 | 58 | | equipment before the termination of the tenancy; and |
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59 | 59 | | (ii) return the premises to the same |
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60 | 60 | | condition as before the installation of the electric vehicle supply |
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61 | 61 | | equipment; or |
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62 | 62 | | (B) provide that the electric vehicle supply |
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63 | 63 | | equipment remain on the premises after the termination of the |
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64 | 64 | | tenancy and that each successive tenant of the dwelling unit for |
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65 | 65 | | which the parking space is assigned assume responsibility for the |
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66 | 66 | | repair, maintenance, insurance, replacement, and removal of the |
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67 | 67 | | equipment until the equipment is removed. |
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68 | 68 | | (e) A tenant who installs electric vehicle supply equipment |
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69 | 69 | | under this section shall: |
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70 | 70 | | (1) deposit with the landlord an amount sufficient to |
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71 | 71 | | cover the cost of removal; |
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72 | 72 | | (2) be responsible for the costs of installation, |
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73 | 73 | | operation, maintenance, and repair, including hazard and liability |
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74 | 74 | | insurance; and |
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75 | 75 | | (3) provide a certificate of insurance naming the |
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76 | 76 | | landlord as an additional insured on the tenant's insurance policy |
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77 | 77 | | for any claim related to the installation, maintenance, use, or |
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78 | 78 | | removal of the electric vehicle supply equipment not later than the |
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79 | 79 | | 14th day after receiving the landlord's approval to install the |
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80 | 80 | | equipment or notice to provide the certificate. |
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81 | 81 | | (f) The electricity for the electric vehicle supply |
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82 | 82 | | equipment must be separately metered or metered by an embedded |
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83 | 83 | | meter and payable by the tenant installing the supply equipment. |
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84 | 84 | | (g) This section does not require a landlord to provide an |
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85 | 85 | | assigned parking space to a tenant in order to accommodate electric |
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86 | 86 | | vehicle supply equipment. |
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87 | 87 | | SECTION 2. Section 92.027, Property Code, as added by this |
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88 | 88 | | Act, applies only with respect to a lease entered into or renewed on |
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89 | 89 | | or after the effective date of this Act. |
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90 | 90 | | SECTION 3. This Act takes effect September 1, 2025. |
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