Texas 2023 - 88th Regular

Texas Senate Bill SB1654 Compare Versions

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1	1	88R2547 SRA-D
2	2	By: Kolkhorst S.B. No. 1654
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the diagnosis, maintenance, and repair of
8	8	electronics-enabled implements of agriculture.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Texas Agricultural
11	11	Right to Repair Act.
12	12	SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is
13	13	amended by adding Chapter 121 to read as follows:
14	14	CHAPTER 121. DIAGNOSIS, MAINTENANCE, AND REPAIR OF
15	15	ELECTRONICS-ENABLED IMPLEMENTS OF AGRICULTURE
16	16	Sec. 121.001. DEFINITIONS. In this chapter:
17	17	(1) "Authorized repair provider" means a person that
18	18	has an arrangement with an original equipment manufacturer under
19	19	which the original equipment manufacturer grants to the person a
20	20	license to use a trade name, service mark, or other proprietary
21	21	identifier for the purposes of offering diagnosis, maintenance, or
22	22	repair services for an electronics-enabled implement of
23	23	agriculture on behalf of the person or the original equipment
24	24	manufacturer. The term includes an original equipment manufacturer
25	25	that offers diagnosis, maintenance, or repair services for the
26	26	digital electronic equipment that the original equipment
27	27	manufacturer manufactures or offers for sale.
28	28	(2) "Commonly available" means any item that is:
29	29	(A) commercially available for purchase from
30	30	more than one seller; and
31	31	(B) not solely made available by an original
32	32	equipment manufacturer for use on the original equipment
33	33	manufacturer's products.
34	34	(3) "Digital electronic equipment" means any product
35	35	that depends for the product's functioning, wholly or partly, on
36	36	digital electronics embedded in or attached to the product.
37	37	(4) "Documentation" means any manual, diagram,
38	38	reporting output, service code description, schematic, library of
39	39	diagnosed issues, or other information used in the diagnosis,
40	40	maintenance, or repair of an electronics-enabled implement of
41	41	agriculture.
42	42	(5) "Electronics-enabled implement of agriculture"
43	43	means equipment that:
44	44	(A) is designed for agricultural purposes;
45	45	(B) is exclusively used by the owner of the
46	46	equipment in the conduct of the agricultural operations of the
47	47	owner; and
48	48	(C) depends for the equipment's functioning,
49	49	wholly or partly, on digital electronic equipment.
50	50	(6) "Embedded software" means a programmable
51	51	instruction provided on firmware delivered with an
52	52	electronics-enabled implement of agriculture.
53	53	(7) "Fair and reasonable terms" means, with respect to
54	54	making available a part, tool, software, or documentation, making
55	55	the part, tool, software, or documentation available at a cost and
56	56	on terms equivalent to the lowest cost and most favorable terms
57	57	offered by an original equipment manufacturer to an authorized
58	58	repair provider, including:
59	59	(A) in general, with respect to costs, making
60	60	available any discount, rebate, or financial incentive the original
61	61	equipment manufacturer offers to an authorized repair provider;
62	62	(B) in general, with respect to other terms,
63	63	ensuring the terms:
64	64	(i) include equivalent methods of
65	65	timeliness of delivery of the part, tool, software, or
66	66	documentation that the original equipment manufacturer offers to an
67	67	authorized repair provider;
68	68	(ii) do not impose on an owner or
69	69	independent repair provider any substantial obligation to use or
70	70	put a restriction on the use of the part, tool, software, or
71	71	documentation to diagnose, maintain, or repair an
72	72	electronics-enabled implement of agriculture, including a
73	73	condition that the owner or independent repair provider become an
74	74	authorized repair provider or a requirement that a part or tool be
75	75	registered, paired with, or approved by the original equipment
76	76	manufacturer before the part or tool is operational; and
77	77	(iii) prohibit an original equipment
78	78	manufacturer or an authorized repair provider from imposing any
79	79	additional cost or burden that is not reasonably necessary or is
80	80	designed to be an impediment on an owner or independent repair
81	81	provider;
82	82	(C) with respect to making available
83	83	documentation, making documentation available at no cost, except
84	84	that an original equipment manufacturer may charge the reasonable
85	85	actual cost of preparing and sending a copy of the documentation
86	86	when the documentation is requested in physical printed form; and
87	87	(D) with respect to making available software
88	88	tools, making the software tools available:
89	89	(i) at no cost;
90	90	(ii) without requiring authorization or
91	91	Internet access;
92	92	(iii) without imposing impediments to
93	93	access or use in the course of effecting the diagnosis,
94	94	maintenance, or repair of an electronics-enabled implement of
95	95	agriculture; and
96	96	(iv) in a manner that does not impair the
97	97	efficient and cost-effective diagnosis, maintenance, or repair of
98	98	an electronics-enabled implement of agriculture to enable full
99	99	functionality of the implement.
100	100	(8) "Firmware" means a software program or set of
101	101	instructions programmed on an electronics-enabled implement of
102	102	agriculture or on a part for the implement that allows the implement
103	103	or part to communicate with a networked product or system or with
104	104	other computer hardware, including any relevant patch or fix made
105	105	by the original equipment manufacturer of the implement or part.
106	106	(9) "Independent repair provider" means a person that:
107	107	(A) is not an authorized repair provider of an
108	108	electronics-enabled implement of agriculture; and
109	109	(B) provides diagnosis, maintenance, or repair
110	110	services for the electronics-enabled implement of agriculture.
111	111	(10) "Original equipment manufacturer" means a person
112	112	that manufactures an electronics-enabled implement of agriculture
113	113	and sells, leases, or otherwise supplies the implement to any other
114	114	person.
115	115	(11) "Owner" means a person that owns or leases an
116	116	electronics-enabled implement of agriculture other than the
117	117	original equipment manufacturer of the implement.
118	118	(12) "Part" means any component or subcomponent of an
119	119	electronics-enabled implement of agriculture that is sold,
120	120	supplied, or otherwise made available by an original equipment
121	121	manufacturer for the purposes of maintaining, repairing, or
122	122	diagnosing the implement.
123	123	(13) "Tool" means a software program, including a
124	124	software update, hardware implement, or other apparatus used for
125	125	repair-related diagnostic testing, maintenance, or repair of an
126	126	electronics-enabled implement of agriculture. The term includes
127	127	software or another mechanism that provides, programs, or pairs a
128	128	new part, calibrates functionality, or performs any other function
129	129	required to bring the implement to a fully functional condition.
130	130	(14) "Trade secret" has the meaning assigned by 18
131	131	U.S.C. Section 1839, as that section existed on January 1, 2023.
132	132	Sec. 121.002. APPLICABILITY. This chapter applies to an
133	133	electronics-enabled implement of agriculture sold or leased in this
134	134	state.
135	135	Sec. 121.003. REQUIREMENTS FOR ORIGINAL EQUIPMENT
136	136	MANUFACTURERS. An original equipment manufacturer shall make
137	137	available on fair and reasonable terms to any owner or independent
138	138	repair provider:
139	139	(1) any part, tool, software, or documentation,
140	140	including any updates to information or embedded software, for that
141	141	equipment or part; and
142	142	(2) for equipment containing an electronic security
143	143	lock or other security-related function, any part, tool, or
144	144	documentation required to disable or enable an electronic security
145	145	lock or other security-related function of an electronics-enabled
146	146	implement of agriculture.
147	147	Sec. 121.004. PART REPLACEMENT; ACCESSIBILITY. An original
148	148	equipment manufacturer shall ensure that any part required by the
149	149	original equipment manufacturer's electronics-enabled implement of
150	150	agriculture can be replaced without causing damage to the implement
151	151	using:
152	152	(1) a commonly available tool; or
153	153	(2) a tool that is not commonly available that is made
154	154	available to owners or independent repair providers by the original
155	155	equipment manufacturer on fair and reasonable terms.
156	156	Sec. 121.005. CONSTRUCTION OF CHAPTER. Nothing in this
157	157	chapter may be construed to:
158	158	(1) require an original equipment manufacturer to
159	159	divulge a trade secret to an owner or an independent repair
160	160	provider, except as necessary to make available any necessary part,
161	161	tool, software, or documentation on fair and reasonable terms as
162	162	required by this chapter;
163	163	(2) alter the terms of an agreement between an
164	164	original equipment manufacturer and an authorized repair provider,
165	165	except with respect to any provision of an agreement that would
166	166	limit the obligations of an original equipment manufacturer under
167	167	this chapter;
168	168	(3) require an authorized repair provider to make any
169	169	part, tool, software, or documentation relating to an
170	170	electronics-enabled implement of agriculture available on fair and
171	171	reasonable terms, unless the authorized repair provider is the
172	172	original equipment manufacturer of the implement;
173	173	(4) require an original equipment manufacturer to
174	174	provide any part or equipment solely used in the development of the
175	175	manufacturer's products; or
176	176	(5) allow:
177	177	(A) any modification that permanently
178	178	deactivates a safety notification system when an
179	179	electronics-enabled implement of agriculture is being repaired;
180	180	(B) access to any function of a tool that enables
181	181	the owner or independent repair provider to change the settings of
182	182	an electronics-enabled implement of agriculture so as to bring the
183	183	equipment permanently out of compliance with any applicable safety
184	184	or emissions laws;
185	185	(C) the evasion of emissions laws or copyright
186	186	laws; or
187	187	(D) any other illegal modification activities.
188	188	Sec. 121.006. DECEPTIVE TRADE PRACTICE. A violation of
189	189	this chapter is a deceptive trade practice in addition to the
190	190	practices described by Subchapter E, Chapter 17, and is actionable
191	191	under that subchapter.
192	192	SECTION 3. To the extent of a conflict between Chapter 121,
193	193	Business & Commerce Code, as added by this Act, and a provision of
194	194	an agreement entered into before the effective date of this Act, the
195	195	provision of the agreement prevails.
196	196	SECTION 4. This Act takes effect September 1, 2023.