Bill Text: TX SB839 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of electric vehicle supply equipment; requiring an occupational registration; authorizing fees; authorizing an administrative penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-25 - Placed on General State Calendar [SB839 Detail]
Download: Texas-2021-SB839-Introduced.html
Bill Title: Relating to the regulation of electric vehicle supply equipment; requiring an occupational registration; authorizing fees; authorizing an administrative penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-25 - Placed on General State Calendar [SB839 Detail]
Download: Texas-2021-SB839-Introduced.html
87R8540 JXC-D | ||
By: Schwertner | S.B. No. 839 |
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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. |