By: Morales of Harris (Senate Sponsor - Whitmire) H.B. No. 2110
(In the Senate - Received from the House April 26, 2021;
May 10, 2021, read first time and referred to Committee on Business &
Commerce; May 20, 2021, reported favorably by the following vote:
Yeas 9, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the automatic transfer of manufacturer's warranties on
air conditioning systems conveyed with residential real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 12, Business & Commerce Code, is amended by
adding Chapter 608 to read as follows:
CHAPTER 608. MANUFACTURER'S WARRANTIES ON AIR CONDITIONING SYSTEMS
Sec. 608.001. DEFINITIONS. In this chapter:
(1) "Air conditioning system" means a heating,
ventilation, and air conditioning system that provides heating and
cooling to a building.
(2) "Residential real property" has the meaning
assigned by Section 22.001.
(3) "Warrantor" means a person who is contractually
obligated to repair or replace a product under a warranty
agreement.
Sec. 608.002. TRANSFER OF MANUFACTURER'S WARRANTY. (a) If
residential real property that includes an air conditioning system
as a fixture to the property is conveyed to a new owner, a
manufacturer's warranty in effect on that system or a component of
that system on the date of the conveyance:
(1) is automatically transferred to the new owner; and
(2) continues in effect as if the new owner was the
original purchaser of the system or component, as applicable.
(b) A warrantor continues to be obligated under the terms of
a manufacturer's warranty agreement for a warranty transferred
under this section and may not charge a fee for the transfer of the
warranty.
(c) The transfer of a manufacturer's warranty under this
section does not extend the original term of the warranty
agreement.
SECTION 2. The change in law made by this Act applies only
to a warranty agreement entered into or renewed on or after the
effective date of this Act. A warranty agreement entered into or
renewed before the effective date of this Act is governed by the law
in effect on the date the agreement was entered into or renewed, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.
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