89th Legislature

HB 3511

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 3511 proposes amendments to the Texas Utilities Code to encourage greater integration of electric vehicles (EVs) into the ERCOT power market. Specifically, the bill adds new Section 39.9161, which grants EV owners the right to physically connect their vehicles to the electric distribution system (termed "interconnection") and participate in energy markets through aggregation. Owners would be able to sell stored electricity from their vehicles into wholesale energy and ancillary service markets via a registered aggregator or a load-serving entity.

The bill authorizes (but does not mandate) the Public Utility Commission of Texas (PUC) to establish safety, technical, and performance standards for EV interconnection. These standards must align with national standards such as those issued by Underwriters Laboratories, the National Electrical Code, the National Electrical Safety Code, and the Institute of Electrical and Electronics Engineers. Furthermore, the PUC may develop programs facilitating the aggregation of EV energy storage to participate in ERCOT’s market mechanisms, including virtual power plant programs and distributed energy resource aggregations.

The legislation aims to enhance grid resiliency and promote new forms of decentralized energy contributions.

The originally filed version of HB 3511 focused solely on the interconnection of electric vehicles (EVs) to the ERCOT power grid. It authorized the Public Utility Commission (PUC) to establish safety, technical, and performance standards for EVs connecting to the grid, referencing national safety standards. It also allowed the PUC to create a program enabling the sale of electricity stored in EVs back into the transmission and distribution systems. This version specifically mentioned that electric utilities or retail electric providers could contract with EV owners for the sale of stored electricity, and that EVs could be integrated into grid mechanisms such as Virtual Power Plants (VPPs) and Aggregated Distributed Energy Resource (ADER) programs.

In contrast, the Committee Substitute version broadens and refines the bill’s scope. It shifts the focus from direct utility/retail electric provider contracting to market aggregation. Under the substitute, EV owners may sell stored electricity through a registered aggregator or load-serving entity rather than directly with utilities. It further clarifies participation by referencing ERCOT's wholesale energy and ancillary services markets and explicitly supports aggregation into market mechanisms like VPPs and distributed energy resource programs. The substitute also makes a slight but important change by ensuring that the PUC’s adopted rules do not conflict with national standards, whereas the original bill only required the commission to consider them.

Overall, the substitute version modernizes the bill to align more closely with ERCOT’s evolving market structures, shifts focus away from direct utility contracts, and offers stronger protection against regulatory conflicts with established national standards.

Author
Rafael Anchia
Todd Hunter
Salman Bhojani
Ana Hernandez
Linda Garcia
Co-Author
Penny Morales Shaw
Mihaela Plesa
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implications to the State are anticipated as a result of implementing HB 3511. The LBB assumes that any costs associated with the Public Utility Commission of Texas (PUC) establishing rules, overseeing EV interconnections, or creating programs to facilitate EV participation in the ERCOT market could be absorbed using existing agency resources without the need for additional appropriations.

Similarly, the bill is expected to have no significant fiscal impact on local governments. The nature of the bill focuses on enabling private participation in ERCOT markets rather than imposing regulatory or operational mandates on local entities. As such, counties, municipalities, and other local bodies are not expected to bear any direct financial costs due to this legislation.

Overall, from a budgetary perspective, HB 3511 is a low-cost, administrative change aimed at facilitating market participation without materially affecting state or local budgets.

Vote Recommendation Notes

HB 3511 represents a proactive step toward modernizing Texas’s energy infrastructure by enabling electric vehicle (EV) owners to participate in the ERCOT electricity market. The bill creates a clear legal pathway for EV owners to interconnect their vehicles to the electric grid and sell stored electricity through aggregation programs. It promotes innovation, market flexibility, and grid reliability at a time when decentralized energy resources are increasingly vital. By creating these new opportunities, the bill supports individual liberty, personal responsibility, and private property rights.

The bill advances liberty principles by empowering individuals to use their private vehicles as market assets, encouraging voluntary participation in grid services without mandates or taxpayer subsidies. It promotes free enterprise by opening a new market segment and recognizing that individuals and aggregators, not just large utilities, can contribute to the energy system. While the bill grants the Public Utility Commission (PUC) rulemaking authority to set safety and technical standards, it specifically requires that such standards must not conflict with existing national safety norms, limiting the potential for government overreach.

Although vigilance will be needed during the PUC’s rulemaking process to ensure that regulations remain fair, necessary, and not burdensome to small participants, the bill itself does not impose direct costs on taxpayers and creates no new mandates on individuals. Overall, HB 3511 respects voluntary participation, strengthens private property rights, promotes competition, and responsibly modernizes Texas’s energy grid. Therefore, Texas Policy Research has revised its position to that of encouraging lawmakers to vote YES on HB 3511.

  • Individual Liberty: The bill empowers EV owners with more control over their property, their vehicles, and the stored energy within them. By allowing owners to voluntarily choose to connect to the grid and participate in energy markets, the bill expands individual freedom and decision-making power. No one is forced to participate; it remains a voluntary opportunity.
  • Personal Responsibility: The bill encourages personal responsibility by creating an environment where individuals can decide to manage their own energy production and contributions to the grid. EV owners would bear the responsibility for managing when and how to sell energy, incentivizing responsible participation based on their personal or business interests.
  • Free Enterprise: The bill promotes free enterprise by opening the energy market to new participants — individuals and private aggregators — beyond large utilities. It creates more competition and options within the energy sector. While there is a minor concern that poorly implemented rules could favor larger corporations, the bill itself is written neutrally and gives individuals and small businesses new market opportunities without blocking access.
  • Private Property Rights: The bill affirms that individuals can use their private property — their electric vehicles and stored energy — in the marketplace without government interference, subject only to safety-based interconnection standards. This strengthens the principle that private property owners control how they use and monetize their assets.
  • Limited Government: The bill does give the Public Utility Commission (PUC) new rulemaking authority over EV interconnection and aggregation programs. However, it specifically requires that the PUC’s standards not conflict with established national safety standards, and it leaves participation voluntary. Because of these safeguards, the increase in regulatory scope is limited, reasonable, and designed to ensure grid safety, not to regulate ownership or market access. Therefore, it represents a carefully tailored and acceptable use of government authority under a limited government philosophy.
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