Texas House Bill HB3198

Texas 2021 - 87th Regular

Caption

Relating to the diagnosis, maintenance, and repair of digital electronic equipment.

Impact

The bill impacts the relationship between consumers, independent repair providers, and OEMs by ensuring that consumers have access to necessary resources for repairing their digital equipment. By establishing fair and reasonable terms for the availability of parts and documentation, HB 3198 encourages the growth of a more competitive repair market. This legislation may also lead to improved repair outcomes and consumer satisfaction as independent providers gain access to the necessary tools and information previously restricted by OEMs.

Summary

House Bill 3198 aims to enhance the rights of consumers and independent repair providers by mandating that original equipment manufacturers (OEMs) make documentation, replacement parts, and tools available for digital electronic equipment sold or used in Texas. This legislation is designed to promote competition among repair providers, providing consumers with more options for maintenance and repair of their digital devices, which often rely on embedded software and proprietary components. The bill introduces clear definitions for terms such as 'authorized repair provider' and 'embedded software', paving the way for better understanding and compliance within the industry.

Contention

Notable points of contention include the balance between protecting proprietary information of OEMs and ensuring fair access to repair resources for independent providers. There are concerns from OEMs regarding the potential risk of their trade secrets being compromised, as the bill requires them to provide detailed documentation and tools to third-party providers. Opponents of the bill may argue that this could unintentionally lead to unauthorized usage or replication of OEM technologies. Thus, the bill aims to navigate this complex issue by stating that OEMs are not required to divulge trade secrets, while simultaneously mandating the accessibility of essential repair resources.