88R2547 SRA-D
By: Kolkhorst S.B. No. 1654
A BILL TO BE ENTITLED
AN ACT
relating to the diagnosis, maintenance, and repair of
electronics-enabled implements of agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Agricultural
Right to Repair Act.
SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. DIAGNOSIS, MAINTENANCE, AND REPAIR OF
ELECTRONICS-ENABLED IMPLEMENTS OF AGRICULTURE
Sec. 121.001. DEFINITIONS. In this chapter:
(1) "Authorized repair provider" means a person that
has an arrangement with an original equipment manufacturer under
which the original equipment manufacturer grants to the person a
license to use a trade name, service mark, or other proprietary
identifier for the purposes of offering diagnosis, maintenance, or
repair services for an electronics-enabled implement of
agriculture on behalf of the person or the original equipment
manufacturer. The term includes an original equipment manufacturer
that offers diagnosis, maintenance, or repair services for the
digital electronic equipment that the original equipment
manufacturer manufactures or offers for sale.
(2) "Commonly available" means any item that is:
(A) commercially available for purchase from
more than one seller; and
(B) not solely made available by an original
equipment manufacturer for use on the original equipment
manufacturer's products.
(3) "Digital electronic equipment" means any product
that depends for the product's functioning, wholly or partly, on
digital electronics embedded in or attached to the product.
(4) "Documentation" means any manual, diagram,
reporting output, service code description, schematic, library of
diagnosed issues, or other information used in the diagnosis,
maintenance, or repair of an electronics-enabled implement of
agriculture.
(5) "Electronics-enabled implement of agriculture"
means equipment that:
(A) is designed for agricultural purposes;
(B) is exclusively used by the owner of the
equipment in the conduct of the agricultural operations of the
owner; and
(C) depends for the equipment's functioning,
wholly or partly, on digital electronic equipment.
(6) "Embedded software" means a programmable
instruction provided on firmware delivered with an
electronics-enabled implement of agriculture.
(7) "Fair and reasonable terms" means, with respect to
making available a part, tool, software, or documentation, making
the part, tool, software, or documentation available at a cost and
on terms equivalent to the lowest cost and most favorable terms
offered by an original equipment manufacturer to an authorized
repair provider, including:
(A) in general, with respect to costs, making
available any discount, rebate, or financial incentive the original
equipment manufacturer offers to an authorized repair provider;
(B) in general, with respect to other terms,
ensuring the terms:
(i) include equivalent methods of
timeliness of delivery of the part, tool, software, or
documentation that the original equipment manufacturer offers to an
authorized repair provider;
(ii) do not impose on an owner or
independent repair provider any substantial obligation to use or
put a restriction on the use of the part, tool, software, or
documentation to diagnose, maintain, or repair an
electronics-enabled implement of agriculture, including a
condition that the owner or independent repair provider become an
authorized repair provider or a requirement that a part or tool be
registered, paired with, or approved by the original equipment
manufacturer before the part or tool is operational; and
(iii) prohibit an original equipment
manufacturer or an authorized repair provider from imposing any
additional cost or burden that is not reasonably necessary or is
designed to be an impediment on an owner or independent repair
provider;
(C) with respect to making available
documentation, making documentation available at no cost, except
that an original equipment manufacturer may charge the reasonable
actual cost of preparing and sending a copy of the documentation
when the documentation is requested in physical printed form; and
(D) with respect to making available software
tools, making the software tools available:
(i) at no cost;
(ii) without requiring authorization or
Internet access;
(iii) without imposing impediments to
access or use in the course of effecting the diagnosis,
maintenance, or repair of an electronics-enabled implement of
agriculture; and
(iv) in a manner that does not impair the
efficient and cost-effective diagnosis, maintenance, or repair of
an electronics-enabled implement of agriculture to enable full
functionality of the implement.
(8) "Firmware" means a software program or set of
instructions programmed on an electronics-enabled implement of
agriculture or on a part for the implement that allows the implement
or part to communicate with a networked product or system or with
other computer hardware, including any relevant patch or fix made
by the original equipment manufacturer of the implement or part.
(9) "Independent repair provider" means a person that:
(A) is not an authorized repair provider of an
electronics-enabled implement of agriculture; and
(B) provides diagnosis, maintenance, or repair
services for the electronics-enabled implement of agriculture.
(10) "Original equipment manufacturer" means a person
that manufactures an electronics-enabled implement of agriculture
and sells, leases, or otherwise supplies the implement to any other
person.
(11) "Owner" means a person that owns or leases an
electronics-enabled implement of agriculture other than the
original equipment manufacturer of the implement.
(12) "Part" means any component or subcomponent of an
electronics-enabled implement of agriculture that is sold,
supplied, or otherwise made available by an original equipment
manufacturer for the purposes of maintaining, repairing, or
diagnosing the implement.
(13) "Tool" means a software program, including a
software update, hardware implement, or other apparatus used for
repair-related diagnostic testing, maintenance, or repair of an
electronics-enabled implement of agriculture. The term includes
software or another mechanism that provides, programs, or pairs a
new part, calibrates functionality, or performs any other function
required to bring the implement to a fully functional condition.
(14) "Trade secret" has the meaning assigned by 18
U.S.C. Section 1839, as that section existed on January 1, 2023.
Sec. 121.002. APPLICABILITY. This chapter applies to an
electronics-enabled implement of agriculture sold or leased in this
state.
Sec. 121.003. REQUIREMENTS FOR ORIGINAL EQUIPMENT
MANUFACTURERS. An original equipment manufacturer shall make
available on fair and reasonable terms to any owner or independent
repair provider:
(1) any part, tool, software, or documentation,
including any updates to information or embedded software, for that
equipment or part; and
(2) for equipment containing an electronic security
lock or other security-related function, any part, tool, or
documentation required to disable or enable an electronic security
lock or other security-related function of an electronics-enabled
implement of agriculture.
Sec. 121.004. PART REPLACEMENT; ACCESSIBILITY. An original
equipment manufacturer shall ensure that any part required by the
original equipment manufacturer's electronics-enabled implement of
agriculture can be replaced without causing damage to the implement
using:
(1) a commonly available tool; or
(2) a tool that is not commonly available that is made
available to owners or independent repair providers by the original
equipment manufacturer on fair and reasonable terms.
Sec. 121.005. CONSTRUCTION OF CHAPTER. Nothing in this
chapter may be construed to:
(1) require an original equipment manufacturer to
divulge a trade secret to an owner or an independent repair
provider, except as necessary to make available any necessary part,
tool, software, or documentation on fair and reasonable terms as
required by this chapter;
(2) alter the terms of an agreement between an
original equipment manufacturer and an authorized repair provider,
except with respect to any provision of an agreement that would
limit the obligations of an original equipment manufacturer under
this chapter;
(3) require an authorized repair provider to make any
part, tool, software, or documentation relating to an
electronics-enabled implement of agriculture available on fair and
reasonable terms, unless the authorized repair provider is the
original equipment manufacturer of the implement;
(4) require an original equipment manufacturer to
provide any part or equipment solely used in the development of the
manufacturer's products; or
(5) allow:
(A) any modification that permanently
deactivates a safety notification system when an
electronics-enabled implement of agriculture is being repaired;
(B) access to any function of a tool that enables
the owner or independent repair provider to change the settings of
an electronics-enabled implement of agriculture so as to bring the
equipment permanently out of compliance with any applicable safety
or emissions laws;
(C) the evasion of emissions laws or copyright
laws; or
(D) any other illegal modification activities.
Sec. 121.006. DECEPTIVE TRADE PRACTICE. A violation of
this chapter is a deceptive trade practice in addition to the
practices described by Subchapter E, Chapter 17, and is actionable
under that subchapter.
SECTION 3. To the extent of a conflict between Chapter 121,
Business & Commerce Code, as added by this Act, and a provision of
an agreement entered into before the effective date of this Act, the
provision of the agreement prevails.
SECTION 4. This Act takes effect September 1, 2023.