bill letting renters install EV chargers

The text as introduced · 693 words

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.