89R11207 SCR-D
By: Zwiener H.B. No. 3706
A BILL TO BE ENTITLED
AN ACT
relating to the installation by a residential tenant of electric
vehicle supply equipment in a parking space assigned to the tenant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.027 to read as follows:
Sec. 92.027. INSTALLATION OF ELECTRIC VEHICLE SUPPLY
EQUIPMENT BY CERTAIN TENANTS. (a) In this section:
(1) "Dwelling unit" has the meaning assigned by
Section 92.251.
(2) "Electric vehicle supply equipment" has the
meaning assigned by Section 2311.0101, Occupations Code.
(b) A tenant of a dwelling unit may install at the tenant's
expense electric vehicle supply equipment in accordance with this
section at a parking space on the premises that:
(1) is assigned to the tenant for the tenant's
exclusive use in a written lease;
(2) is accessed by an individual driveway; and
(3) is located near an individual or embedded meter.
(c) A landlord shall, on request of a tenant of a dwelling
unit subject to a written lease that includes a provision for the
assignment of a parking space described by Subsection (b), provide
to the tenant a separate written agreement with reasonable terms
for the installation of electric vehicle supply equipment at the
tenant's parking space.
(d) Terms included in an agreement under Subsection (c):
(1) shall include requirements that:
(A) electric vehicle supply equipment and the
installation of electric vehicle supply equipment comply with
applicable law and safety requirements for the protection of
persons and property, including that installation shall be
performed only by a person who holds any license required by law for
the performance of the installation; and
(B) before installing the electric vehicle
supply equipment, the tenant provide the landlord with a complete
financial analysis and scope of work plan, which the landlord must
approve in writing not later than one month after receiving the
financial analysis and plan;
(2) may include requirements that:
(A) electric vehicle supply equipment comply
with reasonable architectural standards governing the dimensions,
placement, or external appearance of the electric vehicle supply
equipment, provided that the standards may not prohibit or have the
effect of prohibiting the installation of electric vehicle supply
equipment or substantially increase the installation cost; and
(B) the installation of the electric vehicle
supply equipment not cause irreparable damage to the premises; and
(3) at the option of the landlord, may:
(A) require that the tenant:
(i) remove the electric vehicle supply
equipment before the termination of the tenancy; and
(ii) return the premises to the same
condition as before the installation of the electric vehicle supply
equipment; or
(B) provide that the electric vehicle supply
equipment remain on the premises after the termination of the
tenancy and that each successive tenant of the dwelling unit for
which the parking space is assigned assume responsibility for the
repair, maintenance, insurance, replacement, and removal of the
equipment until the equipment is removed.
(e) A tenant who installs electric vehicle supply equipment
under this section shall:
(1) deposit with the landlord an amount sufficient to
cover the cost of removal;
(2) be responsible for the costs of installation,
operation, maintenance, and repair, including hazard and liability
insurance; and
(3) provide a certificate of insurance naming the
landlord as an additional insured on the tenant's insurance policy
for any claim related to the installation, maintenance, use, or
removal of the electric vehicle supply equipment not later than the
14th day after receiving the landlord's approval to install the
equipment or notice to provide the certificate.
(f) The electricity for the electric vehicle supply
equipment must be separately metered or metered by an embedded
meter and payable by the tenant installing the supply equipment.
(g) This section does not require a landlord to provide an
assigned parking space to a tenant in order to accommodate electric
vehicle supply equipment.
SECTION 2. Section 92.027, Property Code, as added by this
Act, applies only with respect to a lease entered into or renewed on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.