Texas 2025 - 89th Regular

Texas House Bill HB2963 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14269 SRA-F
2	2	By: Capriglione H.B. No. 2963
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to diagnosis, maintenance, and repair of certain digital
10	10	electronic equipment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. 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 CERTAIN DIGITAL
15	15	ELECTRONIC EQUIPMENT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 121.001. DEFINITIONS. In this chapter:
18	18	(1) "Authorized repair provider" means an individual
19	19	or business entity who has an arrangement with the original
20	20	equipment manufacturer for a definite or indefinite period under
21	21	which the original equipment manufacturer grants to the individual
22	22	or business entity:
23	23	(A) a license to use a trade name, service mark,
24	24	or other proprietary identifier for the purpose of offering
25	25	diagnosis, maintenance, or repair services for digital electronic
26	26	equipment under the name of the original equipment manufacturer; or
27	27	(B) other authority to offer diagnosis,
28	28	maintenance, or repair services for digital electronic equipment on
29	29	behalf of the original equipment manufacturer.
30	30	(2) "Consumer" means an individual who enters into a
31	31	transaction primarily for personal, family, or household purposes.
32	32	(3) "Diagnosis" means the process of identifying the
33	33	issue or issues that cause digital electronic equipment to not be in
34	34	full working order.
35	35	(4) "Digital electronic equipment" or "equipment"
36	36	means any product that depends, wholly or partly, on digital
37	37	electronics embedded in or attached to the product to function.
38	38	(5) "Documentation" means any manual, diagram,
39	39	reporting output, service code description, or other guidance or
40	40	information provided or made available by the original equipment
41	41	manufacturer to an authorized repair provider for the purpose of
42	42	diagnosing, maintaining, or repairing digital electronic equipment
43	43	manufactured or sold by the original equipment manufacturer.
44	44	(6) "Fair and reasonable terms" means:
45	45	(A) with respect to an original equipment
46	46	manufacturer making available a tool, making the tool available:
47	47	(i) without conditioning that availability
48	48	on the recipient being an authorized repair provider;
49	49	(ii) at no cost to use or operate the tool
50	50	or at a cost that is equivalent to the lowest actual cost at which
51	51	the original equipment manufacturer offers the tool to an
52	52	authorized repair provider, taking into account any discounts,
53	53	rebates, or other financial incentives offered by the original
54	54	equipment manufacturer to the authorized repair provider; and
55	55	(iii) if the tool is requested in physical
56	56	form, for a charge equal to the actual cost of procuring, preparing,
57	57	and sending the tool;
58	58	(B) with respect to an original equipment
59	59	manufacturer making available a replacement part, making the part
60	60	available either directly or through an authorized distributor or
61	61	repair provider, subject to Section 121.052(7)(B):
62	62	(i) without conditioning that availability
63	63	on the recipient being an authorized repair provider; and
64	64	(ii) at costs and terms that are equivalent
65	65	to the costs and terms under which the part is offered to an
66	66	authorized repair provider;
67	67	(C) with respect to an original equipment
68	68	manufacturer making available documentation, including any
69	69	relevant updates to the documentation, making the documentation
70	70	available:
71	71	(i) without conditioning that availability
72	72	on the recipient being an authorized repair provider; and
73	73	(ii) at no cost, except that an original
74	74	equipment manufacturer may charge the reasonable actual cost of
75	75	preparing and sending a copy of the documentation when the
76	76	documentation is requested in physical printed form; and
77	77	(D) with respect to documentation, replacement
78	78	parts, or tools, terms that are fair to all parties, including the
79	79	original equipment manufacturer and authorized repair providers.
80	80	(7) "Independent repair provider" means an individual
81	81	or business entity operating in this state that:
82	82	(A) with respect to an original equipment
83	83	manufacturer:
84	84	(i) is not an authorized repair provider;
85	85	and
86	86	(ii) is not affiliated with an individual
87	87	or business entity that is an authorized repair provider; and
88	88	(B) is engaged in the diagnosis, maintenance, or
89	89	repair of digital electronic equipment.
90	90	(8) "Maintenance" means any act necessary to keep
91	91	currently working digital electronic equipment in full working
92	92	order.
93	93	(9) "Medical device" means a device, as defined by 21
94	94	U.S.C. Section 321(h)(1), intended for use in the diagnosis of
95	95	disease or other conditions, or in the cure, mitigation, treatment,
96	96	or prevention of disease, in humans or other animals.
97	97	(10) "Modification" or "modify" means any alteration
98	98	to digital electronic equipment that is not maintenance and not a
99	99	repair.
100	100	(11) "Motor vehicle" means a vehicle that is designed
101	101	for transporting individuals or property on a street or highway and
102	102	is certified by the manufacturer under all applicable motor vehicle
103	103	federal safety and emissions standards and requirements for
104	104	distribution and sale in the United States.
105	105	(12) "Motor vehicle manufacturer" means a business
106	106	engaged in the manufacturing or assembling of motor vehicles.
107	107	(13) "Original equipment manufacturer" means a
108	108	business entity that, in the normal course of business, is engaged
109	109	in the business of selling, leasing, or otherwise supplying new
110	110	digital electronic equipment manufactured by or on behalf of the
111	111	business entity.
112	112	(14) "Owner" means an individual or business entity
113	113	that owns digital electronic equipment.
114	114	(15) "Repair" means any act necessary to restore
115	115	digital electronic equipment or equipment to full working order.
116	116	The term does not include post-sale modifications that alter the
117	117	originally intended functioning of the digital electronic
118	118	equipment.
119	119	(16) "Replacement part" means a new or used
120	120	replacement part made available by the original equipment
121	121	manufacturer for the purpose of maintenance or repair of digital
122	122	electronic equipment manufactured, sold, or supplied by the
123	123	original equipment manufacturer. The term does not include printed
124	124	circuit board assemblies that may allow device cloning in violation
125	125	of 18 U.S.C. Section 1029 or other applicable law.
126	126	(17) "Tool" means any software program, hardware
127	127	implement, or other apparatus used for the diagnosis, maintenance,
128	128	or repair of digital electronic equipment, including software or
129	129	another mechanism that:
130	130	(A) provides, programs, or pairs a part;
131	131	(B) calibrates functionality; or
132	132	(C) performs any other function required to
133	133	restore the equipment to full working order.
134	134	(18) "Trade secret" means anything tangible or
135	135	intangible or electronically stored or kept that constitutes,
136	136	represents, evidences, or records intellectual property, including
137	137	secret or confidentially held designs, processes, procedures,
138	138	formulas, inventions, or improvements, or secret or confidentially
139	139	held scientific, technical, merchandising, production, financial,
140	140	business, or management information, or that falls within the
141	141	meaning of a trade secret given in 18 U.S.C. Section 1839.
142	142	Sec. 121.002. APPLICABILITY OF CHAPTER. (a) Except as
143	143	provided by Subsection (b), this chapter applies only to digital
144	144	electronic equipment:
145	145	(1) sold at retail to a consumer in this state;
146	146	(2) that has a wholesale price of at least $50; and
147	147	(3) that is in need of a repair not covered under the
148	148	original equipment manufacturer's warranty.
149	149	(b) This chapter does not apply to:
150	150	(1) information technology equipment that is intended
151	151	for use in critical infrastructure as defined by 42 U.S.C. Section
152	152	5195c(e);
153	153	(2) a motor vehicle manufacturer who complies with a
154	154	memorandum of understanding or any other industry-recognized
155	155	agreement relating to the diagnosis, maintenance, or repair of
156	156	digital electronic equipment;
157	157	(3) a medical device or product:
158	158	(A) found in a medical setting, including
159	159	diagnostic, monitoring, or control equipment; or
160	160	(B) offered for purchase or prescribed by a
161	161	health care provider;
162	162	(4) a manufacturer of farm equipment who complies with
163	163	a memorandum of understanding or any other industry-recognized
164	164	agreement relating to the diagnosis, maintenance, or repair of
165	165	digital electronic equipment;
166	166	(5) aerospace, airplane, or train equipment;
167	167	(6) commercial and industrial electrical equipment,
168	168	including power distribution equipment, such as telecommunications
169	169	network infrastructure, commercial visual display equipment,
170	170	medium/low voltage switchgear and transformers, power control
171	171	equipment, such as medium/low voltage motor control and drives,
172	172	power quality equipment, such as uninterruptible power supplies,
173	173	remote power panels, power distribution units and static/transfer
174	174	switches, and any tools, technology, attachments, accessories,
175	175	components, and repair parts for any of the equipment described by
176	176	this subdivision;
177	177	(7) a home appliance that has digital electronic
178	178	equipment embedded within it, including refrigerators, ovens,
179	179	microwaves, air conditioning units, heating units, motorized
180	180	shades, lighting control systems, and security devices or alarm
181	181	systems, including any related software and components;
182	182	(8) safety communications equipment, the intended use
183	183	of which is for emergency response or prevention purposes by an
184	184	emergency service organization, such as a police, fire, or medical
185	185	and emergency rescue services agency; or
186	186	(9) digital electronic equipment sold in a transaction
187	187	involving only business or governmental entities.
188	188	Sec. 121.003. WAIVER OF CHAPTER VOID AND UNENFORCEABLE. A
189	189	provision in a contract, including an agreement between an
190	190	authorized repair provider and original equipment manufacturer,
191	191	that purports to waive, avoid, restrict, or limit the original
192	192	equipment manufacturer's obligation to comply with this chapter is
193	193	void and unenforceable.
194	194	SUBCHAPTER B. ORIGINAL EQUIPMENT MANUFACTURER REQUIREMENTS
195	195	Sec. 121.051. ORIGINAL EQUIPMENT MANUFACTURER
196	196	REQUIREMENTS. (a) For digital electronic equipment, including
197	197	parts for that equipment sold or used in this state, the original
198	198	equipment manufacturer of the equipment or part shall, not later
199	199	than one year after the date of the first sale of the digital
200	200	electronic equipment in this state, make available on fair and
201	201	reasonable terms to any independent repair provider or to an owner
202	202	of digital electronic equipment manufactured by or on behalf of,
203	203	sold by, or supplied by the original equipment manufacturer
204	204	documentation, replacement parts, and tools, or their equivalents,
205	205	that are required for the diagnosis, maintenance, or repair of the
206	206	digital electronic equipment.
207	207	(b) The documentation, replacement parts, and tools
208	208	described by Subsection (a) may be made available:
209	209	(1) directly by an original equipment manufacturer or
210	210	through an authorized repair provider or an authorized third-party
211	211	provider; or
212	212	(2) by an authorized repair provider to any
213	213	independent repair provider or owner, provided that the authorized
214	214	repair provider is contractually and practically permitted by the
215	215	original equipment manufacturer to sell the documentation, parts,
216	216	or tools, to an independent repair provider or owner.
217	217	(c) Subsection (b) may not be construed to require a
218	218	third-party provider, including an authorized repair provider, to
219	219	make available documentation, replacement parts, or tools
220	220	independent of an original equipment manufacturer.
221	221	Sec. 121.052. CONSTRUCTION OF SUBCHAPTER. Notwithstanding
222	222	any other provision of this subchapter, nothing in this subchapter:
223	223	(1) requires an original equipment manufacturer to
224	224	provide or make available documentation, a replacement part, or a
225	225	tool to a repair provider or owner, if:
226	226	(A) the documentation, part, or tool is not, or
227	227	is no longer, provided by the original equipment manufacturer or
228	228	made available to authorized repair providers of the original
229	229	equipment manufacturer, including where the original equipment
230	230	manufacturer performs related repairs solely in-house or through a
231	231	corporate affiliate;
232	232	(B) the documentation, part, or tool, is no
233	233	longer available to the original equipment manufacturer; or
234	234	(C) the documentation or tool is used by the
235	235	original manufacturer only to perform, at no cost, diagnostic
236	236	services virtually through telephone, Internet, chat, e-mail, or
237	237	other similar means that do not involve the manufacturer physically
238	238	handling the consumer's equipment, unless the manufacturer also
239	239	makes the documentation or tool available to an individual or
240	240	business that is unaffiliated with the manufacturer;
241	241	(2) requires an original equipment manufacturer to
242	242	divulge any trade secret to any independent repair provider or
243	243	owner, except as necessary for the diagnosis, maintenance, or
244	244	repair of digital electronic equipment in accordance with this
245	245	chapter;
246	246	(3) requires an original equipment manufacturer or an
247	247	authorized repair provider to provide an independent repair
248	248	provider or owner any information other than documentation that is
249	249	provided by the original equipment manufacturer to an authorized
250	250	repair provider;
251	251	(4) requires an original equipment manufacturer or
252	252	authorized repair provider to make available any documentation,
253	253	part, or tool for the purposes of modifying digital electronic
254	254	equipment;
255	255	(5) requires any original equipment manufacturer or
256	256	authorized repair provider to make available any documentation,
257	257	part, or tool in a manner that is inconsistent with or in violation
258	258	of any state or federal law;
259	259	(6) requires an original equipment manufacturer to
260	260	make available any documentation, part, or tool to an independent
261	261	repair provider or owner that would disable, reset, or override
262	262	electronic security locks or other security-related measures or
263	263	functions, or disable or override anti-theft security measures set
264	264	by the owner of the digital electronic equipment;
265	265	(7) prevents an original equipment manufacturer from:
266	266	(A) requiring remote authorization or an
267	267	Internet connection before an independent repair provider or owner
268	268	may use a part or tool; or
269	269	(B) providing parts, such as integrated
270	270	batteries, to an independent repair provider or owner preassembled
271	271	with other parts rather than as individual components, provided
272	272	that those preassembled parts or their equivalents are also
273	273	available to an authorized repair provider or owner; or
274	274	(8) requires an original equipment manufacturer to:
275	275	(A) provide documentation, a part, or a tool for
276	276	a product where reconditioning or repair of the product is
277	277	prohibited by a law or regulation;
278	278	(B) provide or make available source code;
279	279	(C) make available a special document, a part, or
280	280	a tool that would disable or override an anti-theft security
281	281	measure set by the owner of the digital electronic equipment
282	282	without the owner's authorization;
283	283	(D) provide documentation, a part, or a tool for
284	284	repair of digital electronic equipment critical to the safety of
285	285	life or health of individuals, or for repairs that could threaten
286	286	the safety of life or health of individuals, including repairs to
287	287	digital electronic equipment with internal switch-mode power
288	288	supplies; or
289	289	(E) provide documentation or a tool used
290	290	exclusively by the original equipment manufacturer for diagnosis,
291	291	maintenance, or repairs completed by machines that operate on
292	292	several digital electronic equipment products simultaneously or
293	293	otherwise for purposes of large scale efficiency, provided the
294	294	original equipment manufacturer makes available to an independent
295	295	repair provider or owner a sufficient alternative documentation or
296	296	tool to effect the diagnosis, maintenance, or repair of the digital
297	297	electronic equipment.
298	298	Sec. 121.053. ALTERNATIVE RELIEF FOR ORIGINAL PURCHASERS.
299	299	Instead of making documentation, replacement parts, or tools
300	300	available under this subchapter, the original equipment
301	301	manufacturer may provide an owner who is the original purchaser:
302	302	(1) a reimbursement in the amount of the purchase
303	303	price the purchaser paid for the digital electronic equipment; or
304	304	(2) an equivalent or better, readily available
305	305	replacement for the digital electronic equipment at a price that
306	306	has a value that is equal to or less than the total cost of the sum
307	307	of the replacement parts.
308	308	Sec. 121.054. LIMITATION OF LIABILITY. (a) An original
309	309	equipment manufacturer or authorized repair provider is not liable
310	310	for any damage or injury to any digital electronic equipment,
311	311	individual, or property that occurs as a result of the repair,
312	312	diagnosis, maintenance, or modification performed by an
313	313	independent repair provider or owner, or any other use of
314	314	documentation, replacement parts, or tools made available by an
315	315	original equipment manufacturer, including:
316	316	(1) indirect, incidental, special, or consequential
317	317	damages;
318	318	(2) loss of data, privacy, or profits; or
319	319	(3) inability to use or reduced functionality of the
320	320	digital electronic equipment.
321	321	(b) An original equipment manufacturer is not liable under
322	322	this chapter for any act that is reasonably necessary to protect
323	323	user privacy, security, or digital safety.
324	324	(c) An original equipment manufacturer is not liable for
325	325	improper use of personal data or any data privacy or security breach
326	326	in connection with the repair, diagnosis, maintenance, or
327	327	modification performed by an independent repair provider or owner.
328	328	SUBCHAPTER C. ENFORCEMENT
329	329	Sec. 121.101. NOTICE OF VIOLATION; OPPORTUNITY TO CURE.
330	330	(a) The attorney general has exclusive authority to enforce this
331	331	chapter.
332	332	(b) Before bringing an action under Section 121.102 or
333	333	121.103, the attorney general shall notify a person in writing at
334	334	least 30 days before the date the attorney general brings the
335	335	action. The notice must identify the specific provisions of this
336	336	chapter that the attorney general alleges have been or are being
337	337	violated.
338	338	(c) The attorney general may not bring an action against a
339	339	person if:
340	340	(1) within the 30-day period described by Subsection
341	341	(b), the person cures the violation; and
342	342	(2) the person provides the attorney general a written
343	343	statement that:
344	344	(A) the person cured the alleged violation; and
345	345	(B) it is the person's intent that no further
346	346	violations of this chapter will occur.
347	347	(d) Written notice by the attorney general shall be
348	348	delivered by:
349	349	(1) certified mail, return receipt requested; or
350	350	(2) first-class mail with proof of delivery.
351	351	Sec. 121.102. DECEPTIVE TRADE PRACTICE. A violation of
352	352	this chapter following the cure period described by Section 121.101
353	353	is a deceptive trade practice in addition to the practices
354	354	described by Subchapter E, Chapter 17, and is actionable under that
355	355	subchapter.
356	356	Sec. 121.103. INJUNCTION. (a) The attorney general may
357	357	bring an action in the name of the state following the cure period
358	358	described by Section 121.101 to restrain or enjoin a person from
359	359	violating this chapter.
360	360	(b) The attorney general may recover reasonable attorney's
361	361	fees and other reasonable expenses incurred in investigating and
362	362	bringing an action under this section.
363	363	Sec. 121.104. NO PRIVATE RIGHT OF ACTION. This chapter may
364	364	not be construed to create, provide a basis for, or be subject to a
365	365	private right of action for a violation of this chapter or any other
366	366	law.
367	367	SECTION 2. Chapter 121, Business & Commerce Code, as added
368	368	by this Act, applies only to digital electronic equipment that was
369	369	originally made available for sale in this state by an original
370	370	equipment manufacturer on or after the effective date of this Act.
371	371	SECTION 3. Notwithstanding Section 121.003, Business &
372	372	Commerce Code, as added by this Act, to the extent of a conflict
373	373	between Chapter 121, Business & Commerce Code, as added by this Act,
374	374	and a provision of an agreement between an authorized repair
375	375	provider and original equipment manufacturer entered into before
376	376	the effective date of this Act, the provision of the agreement
377	377	prevails.
378	378	SECTION 4. This Act takes effect September 1, 2026.