Texas 2025 - 89th Regular

Texas House Bill HB3682 Compare Versions

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

Old	New	Differences
1	1	89R11277 SRA-D
2	2	By: Luther H.B. No. 3682
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the diagnosis, maintenance, and repair of 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 122 to read as follows:
14	14	CHAPTER 122. DIAGNOSIS, MAINTENANCE, AND REPAIR OF DIGITAL
15	15	ELECTRONIC EQUIPMENT
16	16	Sec. 122.001. DEFINITIONS. In this chapter:
17	17	(1) "Authorized repair provider" means an individual
18	18	or business entity that is not an affiliate of but has an
19	19	arrangement with an original equipment manufacturer:
20	20	(A) under which the original equipment
21	21	manufacturer grants to the individual or business entity a license
22	22	to use a trade name, service mark, or other proprietary identifier
23	23	for the purpose of offering diagnosis, maintenance, or repair
24	24	services for digital electronic equipment under the name of the
25	25	original equipment manufacturer; or
26	26	(B) to offer diagnosis, maintenance, or repair
27	27	for digital electronic equipment services on behalf of the original
28	28	equipment manufacturer.
29	29	(2) "Digital electronic equipment" means any product
30	30	that, to function, depends wholly or partly on digital electronics
31	31	embedded in or attached to the product.
32	32	(3) "Documentation" means any manual, diagram,
33	33	reporting output, service code description, schematic, or other
34	34	guidance or information provided to an authorized repair provider
35	35	used in the diagnosis, maintenance, or repair of digital electronic
36	36	equipment.
37	37	(4) "Embedded software" means any programmable
38	38	instructions provided on firmware that is delivered with digital
39	39	electronic equipment or with a replacement part for that equipment
40	40	for the purpose of equipment operation, including all relevant
41	41	patches and fixes made by the original equipment manufacturer of
42	42	the digital electronic equipment or replacement part for that
43	43	purpose.
44	44	(5) "Fair and reasonable terms" means:
45	45	(A) with respect to making available a
46	46	replacement part or a tool that is not software, making the part or
47	47	tool available:
48	48	(i) under costs and terms equivalent to the
49	49	most favorable net cost and terms offered to an original equipment
50	50	manufacturer's authorized repair provider for obtaining an
51	51	equivalent part or tool, accounting for any discounts, rebates,
52	52	means of enabling fully restored and updated functionality, rights
53	53	of use, convenience of delivery, or other incentive program offered
54	54	to the authorized repair provider, or any additional cost, burden,
55	55	or impediment the manufacturer imposes on an independent repair
56	56	provider;
57	57	(ii) without any condition, substantial
58	58	obligation, or restriction that is not reasonably necessary to
59	59	allow the owner or independent repair provider to engage in the
60	60	diagnosis, maintenance, or repair of the manufacturer's digital
61	61	electronic equipment; and
62	62	(iii) without conditioning that
63	63	availability on the recipient being an authorized repair provider;
64	64	(B) with respect to making available a tool that
65	65	is software, making the tool available at no charge, without
66	66	requiring authorization or Internet access, and without imposing
67	67	any other impediment to access or use of the tool in a manner that
68	68	impairs the efficient and cost-effective diagnosis, maintenance,
69	69	or repair of the equipment; or
70	70	(C) with respect to making available
71	71	documentation, including any relevant updates to the
72	72	documentation, making the documentation available at no cost,
73	73	except that an original equipment manufacturer may charge the
74	74	reasonable actual cost of preparing and sending a copy of the
75	75	documentation when the documentation is requested in physical
76	76	printed form.
77	77	(6) "Firmware" means a software program or set of
78	78	instructions programmed on digital electronic equipment or on a
79	79	replacement part for the equipment that allows the equipment or
80	80	replacement part to communicate with itself or other computer
81	81	hardware.
82	82	(7) "Independent repair provider" means an individual
83	83	or business entity operating in this state:
84	84	(A) who does not, on the individual or entity's
85	85	own behalf or through an affiliate, have an arrangement with an
86	86	original equipment manufacturer as described by Subdivision (1) and
87	87	who is engaged in diagnosis, maintenance, or repair of digital
88	88	electronic equipment; or
89	89	(B) that is an original equipment manufacturer,
90	90	or who is an individual or business entity who has an arrangement
91	91	with that original equipment manufacturer as described by
92	92	Subdivision (1), only with respect to diagnosis, maintenance, or
93	93	repair of digital electronic equipment not manufactured by or sold
94	94	under the name of that original equipment manufacturer.
95	95	(8) "Original equipment manufacturer" means a
96	96	business entity that sells, leases, or supplies new digital
97	97	electronic equipment manufactured by or on behalf of the business
98	98	entity.
99	99	(9) "Owner" means an individual or business entity who
100	100	owns or leases digital electronic equipment purchased or used in
101	101	this state.
102	102	(10) "Replacement part" means a new or used
103	103	replacement part made available by the original equipment
104	104	manufacturer for the purpose of maintenance or repair of digital
105	105	electronic equipment manufactured, sold, or supplied by the
106	106	original equipment manufacturer.
107	107	(11) "Tool" means any software program, hardware
108	108	implement, or other apparatus used for diagnosis, maintenance, or
109	109	repair of digital electronic equipment, including software or
110	110	another mechanism that:
111	111	(A) provisions, programs, or pairs a new part;
112	112	(B) calibrates functionality; or
113	113	(C) performs any other function required to
114	114	restore the equipment to fully functional condition.
115	115	(12) "Trade secret" has the meaning assigned by 18
116	116	U.S.C. Section 1839, as that section existed on January 1, 2025.
117	117	Sec. 122.002. REQUIREMENTS FOR ORIGINAL EQUIPMENT
118	118	MANUFACTURERS. (a) For digital electronic equipment, including
119	119	parts for that equipment, sold or used in this state, the original
120	120	equipment manufacturer of the equipment or part shall make
121	121	available on fair and reasonable terms to any independent repair
122	122	provider or to an owner of digital electronic equipment
123	123	manufactured by or on behalf of, sold by, or supplied by the
124	124	original equipment manufacturer:
125	125	(1) documentation, replacement parts, and tools,
126	126	including any updates to information or embedded software, for that
127	127	equipment or replacement part; and
128	128	(2) for equipment containing an electronic security
129	129	lock or other security-related function, any special
130	130	documentation, replacement part, or tool needed to disable and
131	131	reset the lock or function when disabled in the course of diagnosis,
132	132	maintenance, or repair of the equipment.
133	133	(b) An original equipment manufacturer may make available
134	134	the documentation, replacement part, or tool under Subsection
135	135	(a)(2) through an appropriate secure release system.
136	136	(c) Notwithstanding Subsection (a), if an original
137	137	equipment manufacturer provides an express warranty with respect to
138	138	digital electronic equipment and the wholesale price of that
139	139	equipment is at least $100, the manufacturer shall provide any
140	140	replacement part, tool, or documentation to enable repair of that
141	141	equipment during the manufacturer's warranty period at an equitable
142	142	price, including convenience of delivery and enabling
143	143	functionality, that takes into consideration:
144	144	(1) the actual cost to the manufacturer to prepare and
145	145	distribute the part, tool, or documentation, without considering
146	146	research and development costs;
147	147	(2) the ability of owners and independent repair
148	148	providers to afford the part, tool, or documentation; and
149	149	(3) the means by which the part, tool, or
150	150	documentation is distributed.
151	151	(d) This section does not require an original equipment
152	152	manufacturer to make available a replacement part if the part is no
153	153	longer available to the original equipment manufacturer.
154	154	(e) An original equipment manufacturer who offers the
155	155	services of diagnosis, maintenance, or repair of the manufacturer's
156	156	own digital electronic equipment, and who does not have an
157	157	authorized repair arrangement with an individual or business entity
158	158	that is not an affiliate, is considered to be an authorized repair
159	159	provider with respect to that equipment.
160	160	Sec. 122.003. CONSTRUCTION OF CHAPTER. (a) Nothing in this
161	161	chapter may be construed to require an original equipment
162	162	manufacturer to divulge a trade secret to an owner or an independent
163	163	repair provider except as necessary to provide documentation,
164	164	replacement parts, and tools on fair and reasonable terms as
165	165	provided by this chapter.
166	166	(b) Nothing in this chapter may be construed to alter the
167	167	terms of an arrangement described by Section 122.001(1) between an
168	168	authorized repair provider and original equipment manufacturer,
169	169	including the performance or provision of warranty or recall repair
170	170	work by the authorized repair provider on behalf of the original
171	171	equipment manufacturer under an arrangement described by Section
172	172	122.001(1), except that any provision in an agreement between an
173	173	authorized repair provider and original equipment manufacturer
174	174	that purports to waive, avoid, restrict, or limit the original
175	175	equipment manufacturer's obligation to comply with this chapter is
176	176	void and unenforceable.
177	177	Sec. 122.004. DECEPTIVE TRADE PRACTICE. A violation of
178	178	this chapter is a deceptive trade practice in addition to the
179	179	practices described by Subchapter E, Chapter 17, and is actionable
180	180	under that subchapter.
181	181	SECTION 2. To the extent of a conflict between Chapter 122,
182	182	Business & Commerce Code, as added by this Act, and a provision of
183	183	an agreement between an authorized repair provider and original
184	184	equipment manufacturer entered into before the effective date of
185	185	this Act, the provision of the agreement prevails.
186	186	SECTION 3. This Act takes effect September 1, 2025.