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Electric Vehicle Charging Stations Penalties and Sanctions

Texas Occupations Code, Chapter 2311

Texas Occupations Code, Chapter 51

16 Texas Administration Code, Chapter 96

16 Texas Administration Code, Chapter 60

Class A

Penalty Range: Warning Letter up to $800

Administrative Violations

Violation

Statute/Rule

Provider failed to report a change to its name, contact information, federal ID number, or SSN to the Department within 30 days of change

96.21(d)

Failed to submit a new registration after the FIN or SSN changed

96.21(d)

Posting and Public Information Violations

Violation

Statute/Rule

Failed to post notice on unit or digital network that TDLR regulates electrical vehicle supply equipment (EVSE)

96.70(a); 2311.0304(c)(1)

Failure to display required CIS on each charging unit

96.71(a)

Placed CIS in manner that affected the accuracy, readability, or lawful operation of device

96.71(b)

Failed to replace damaged CIS within 60 days

96.71(c)

Failed to show a notice on the EVSE display or on the provider’s digital network that Department regulates EVSE

2311.0304(c);

96.83(c)(1)

Failed to show department complaint filing information on display or provider’s digital network

2311.0304(c);

96.83(c)(2);

Failed to provide information on how to file TDLR complaint on visual display or provider’s digital network

2311.0304(c);

96.70(b)

Failed to make a copy of the current registration certificate available to the public upon request

96.24

Failed to remove damaged EVSE from listing of available units

2311.0306(a)(2);

96.72(a)(2)

Records Violations

Violation

Statute/Rule

Failed to maintain and preserve all documents related to the installation, maintenance, inspection, and calibration of EVSE for a period of 3 years

96.74(a)

Registration Violations

Violation

Statute/Rule

Failed to notify the Department of removal or decommissioning of EVSE

96.23(b)

Class B

Penalty: $500 to $1,500 and/or up to 1-year probated suspension.

Equipment Violations

Violation

Statute/Rule

After January 1, 2030, failed to equip with a charging connector or plug type that is widely compatible

2311.303(d);

96.14(b)

Failed to maintain EVSE in compliance with maintenance specifications, Occupations Code Ch. 2311, and TDLR rule

2311.0301(2)

Failed to have EVSE equipment inspected as prescribed by rule

2311.0301(1)

Returned EVSE equipment to service before the equipment has been repaired

2311.0306(c)

Unlicensed Activity Violations

Violation

Statute/Rule

Failed to pay registration fee required under §96.80

96.21(a)(3)

Failed to provide accurate count of all active charging units with renewal application

96.22(d)

Failed to renew registration before expiration date

96.21(b); 96.22(b)

Class C

Penalty: $1,000 to $3,000 and/or 1-year probated suspension up to revocation.

Equipment Violations

Violation

Statute/Rule

Failed to operate on the provider’s digital network within manufacturer specs, the Code or Ch. 96

96.14(a)(1-2)

Failed to comply with adopted standards

96.100

Failed to comply with Tex. Electrical Safety and Licensing Act

2311.0303(b)

Failed to Cooperate Violations

Violation

Statute/Rule

Failed to provide or make all records applicable to this section available for inspection or investigation

96.74(b); 60.203(b)

Fee Calculation Violations

Violation

Statute/Rule

Failed to disclose fee calculation methods and surcharges on the EVSE display or the provider’s digital network

2311.0304(a);

96.83(a)

Failed to disclose the rate the user will be charged at the time of the transaction based on the available fee calculation method or methods and list of applicable surcharges

2311.0304(b);

96.83(b)

Failed to transmit a summary of the transaction to the user upon completion of the transaction or failed to include required information on summary of transaction

96.83(d); 2311.0305

Unlicensed Activity Violations

Violation

Statute/Rule

Provider failed to register all EVSE charging units before making them available on a digital network for commercial transactions

2311.0302(a);

96.20

New controlling provider failed to submit a new application within 30 days of change

96.21(c)

Failed to notify the Department of increase in number of EVSE installed prior to operation of the added devices

96.23(a)

Class D

Penalty: $3,500 up to $5,000 and/or revocation.

Violation

Statute/Rule

Failed to allow an inspection and/or test of non-exempt EVSE

2311.0204;96.60; 60.203;60.222

Failed to cooperate in the performance of an inspection or investigation of a complaint

2311.204; 96.60;

60.203(a); 60.222

Interfered with investigation conducted by a department employee or representative or threatened or intimidated a department employee or representative

60.203(c)

Failed to remove damaged charging unit that posed a public safety risk in manner that prevents the use of the damaged unit

2311.0306(a)(1);

96.72(a)(1);

Obtained a license by fraud or false representation

60.23(a)(1)

Falsified any document submitted to the department or commission

60.23(a)(2)

Permitted the use or display of a license by a person not authorized by law to use that license

60.23(a)(3)

Failed to comply with a previous order of the commission or executive director

51.353(a); 60.23(a)(5)

Failed to pay the department for a dishonored payment or processing fee

60.82