Texas 2025 - 89th Regular

Texas House Bill HB4555 Compare Versions

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

Old	New	Differences
1	1	89R8969 SRA-F
2	2	By: Curry H.B. No. 4555
3	3
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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 certain motor
10	10	vehicles; providing a civil penalty.
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 MOTOR VEHICLES
15	15	Sec. 121.0001. DEFINITIONS. In this chapter:
16	16	(1) "Aftermarket part" means a part offered for sale
17	17	or for installation in or on a motor vehicle after the motor vehicle
18	18	has left the motor vehicle manufacturer's production line. The
19	19	term does not include a piece of original equipment or part
20	20	manufactured for a motor vehicle manufacturer.
21	21	(2) "Barrier" means a restriction that prohibits,
22	22	makes more difficult, or tends to make more difficult the ability of
23	23	an owner to repair the owner's motor vehicle in the manner the owner
24	24	deems appropriate.
25	25	(3) "Critical repair information or tools" means
26	26	necessary compatibility information equipment, schematics, tools,
27	27	parts nomenclature or descriptions, parts catalogs, repair
28	28	procedures, training materials, software, or technology, including
29	29	information related to diagnostics, repair, and maintenance,
30	30	including calibration or recalibration of parts and systems, used
31	31	to return a motor vehicle to operational specifications.
32	32	(4) "Dealer" has the meaning assigned by Section
33	33	503.001, Transportation Code.
34	34	(5) "Department" means the Texas Department of Motor
35	35	Vehicles.
36	36	(6) "Distributor" has the meaning assigned by Section
37	37	2301.002, Occupations Code.
38	38	(7) "Manufacturer" has the meaning assigned by Section
39	39	503.001, Transportation Code.
40	40	(8) "Motor vehicle" has the meaning assigned by
41	41	Section 501.002, Transportation Code.
42	42	(9) "Motor vehicle equipment" has the meaning assigned
43	43	by 49 U.S.C. Section 30102(a).
44	44	(10) "Motor vehicle repair facility" means a person
45	45	that is engaged in the business of diagnosis, maintenance, or
46	46	repair, including servicing and calibration, of motor vehicles or
47	47	motor vehicle equipment.
48	48	(11) "Owner" means a person, or the person's designee,
49	49	who owns or leases a motor vehicle. The term does not include a
50	50	manufacturer, a person acting on behalf of a manufacturer, a motor
51	51	vehicle financing company, a motor vehicle dealer, or a motor
52	52	vehicle lessor.
53	53	(12) "Remanufacturer" means a person who uses a
54	54	standardized industrial process that returns previously sold,
55	55	worn, or nonfunctional products to like new or better condition and
56	56	performance, resulting in a fully warranted product.
57	57	(13) "Service provider" means a designee of an owner
58	58	or a designee of a motor vehicle repair facility that is hired or
59	59	otherwise engaged by the owner or motor vehicle repair facility to
60	60	assist with the diagnosis and repair of a motor vehicle.
61	61	(14) "Specified legal barrier" means:
62	62	(A) a request or requirement that an owner waive
63	63	the owner's right to use a motor vehicle repair facility of the
64	64	owner's choice;
65	65	(B) offering compensation or another incentive
66	66	in exchange for an owner waiving the owner's right to use a motor
67	67	vehicle repair facility of the owner's choice; or
68	68	(C) any additional specified legal barrier
69	69	identified by department rule.
70	70	(15) "Standardized access platform" means a
71	71	cybersecure authentication and authorization system developed by a
72	72	manufacturer that has the capability to securely access and
73	73	communicate vehicle-generated data that emanates directly from the
74	74	motor vehicle by direct local and remote wireless data connections
75	75	bidirectionally and in real time.
76	76	(16) "Technological barrier" means a technological
77	77	restriction that prohibits, makes more difficult, or tends to make
78	78	more difficult the ability of an owner to repair the owner's motor
79	79	vehicle in the manner the owner deems appropriate. The term
80	80	includes a technological barrier adopted by rule by the department.
81	81	(17) "Telematics system" means a system in a motor
82	82	vehicle that collects information generated by the operation of the
83	83	motor vehicle and, using wireless communication, transmits the
84	84	information to a remote receiving point where it will be stored.
85	85	(18) "Vehicle-generated data" means direct,
86	86	real-time, onboard data generated by the operation of a motor
87	87	vehicle that is related to the motor vehicle's diagnostics, repair,
88	88	or maintenance, including service, wear, and calibration or
89	89	recalibration of parts and systems, required to maintain or return
90	90	the motor vehicle to operational specifications in compliance with
91	91	federal motor vehicle safety and emissions laws, regulations, and
92	92	standards.
93	93	Sec. 121.0002. MANUFACTURER BARRIERS PROHIBITED. A
94	94	manufacturer may not use a technological barrier or specified legal
95	95	barrier that impairs the ability of:
96	96	(1) an owner to access the vehicle-generated data
97	97	generated by the owner's motor vehicle that the manufacturer is
98	98	required to make available under Sections 121.0003(a) and (b);
99	99	(2) an owner, an aftermarket parts manufacturer, an
100	100	aftermarket parts remanufacturer, a motor vehicle equipment
101	101	manufacturer, a motor vehicle repair facility, a distributor, or a
102	102	service provider to access critical repair information or tools
103	103	that the manufacturer is required to make available under Section
104	104	121.0003(c);
105	105	(3) an owner to use a service provider of the owner's
106	106	choice;
107	107	(4) an aftermarket parts manufacturer, an aftermarket
108	108	parts remanufacturer, a motor vehicle equipment manufacturer, a
109	109	motor vehicle repair facility, a distributor, or a service provider
110	110	to produce or offer compatible aftermarket parts; or
111	111	(5) an owner to diagnose, repair, and maintain the
112	112	owner's motor vehicle in the same manner as a manufacturer or motor
113	113	vehicle dealer.
114	114	Sec. 121.0003. DATA, INFORMATION, AND TOOL ACCESS. (a) A
115	115	manufacturer shall provide to each owner of a motor vehicle
116	116	manufactured by the manufacturer access to vehicle-generated data
117	117	generated by the owner's vehicle without restriction, limitation,
118	118	fee, license, or requiring use of a device mandated by the
119	119	manufacturer to decrypt vehicle-generated data.
120	120	(b) If a manufacturer uses wireless technology or a
121	121	telematics system to transmit vehicle-generated data, the
122	122	manufacturer shall provide access to the vehicle-generated data as
123	123	required under Subsection (a) and in a direct and wireless method
124	124	through a standardized access platform.
125	125	(c) A manufacturer shall provide to an owner, aftermarket
126	126	parts manufacturer, aftermarket parts remanufacturer, motor
127	127	vehicle repair facility, distributor, or service provider of a
128	128	vehicle manufactured by the manufacturer access to critical repair
129	129	information or tools related to the motor vehicle without
130	130	restriction or limitation and at a fair, reasonable, and
131	131	nondiscriminatory cost.
132	132	(d) A manufacturer shall develop a system, either through an
133	133	onboard screen or through an application that an owner can
134	134	download, that notifies an owner when the vehicle-generated data
135	135	generated by the owner's motor vehicle is being accessed. The
136	136	notification must specify if the access includes the ability for
137	137	the person accessing the data to send a command or software update
138	138	to complete a repair. A manufacturer or person working on behalf of
139	139	a manufacturer may be considered an owner of a motor vehicle for the
140	140	limited purpose of receiving a notification under this subsection
141	141	if permitted by the owner.
142	142	(e) A person that manages access to a motor vehicle's
143	143	vehicle-generated data transmitted by a standardized access
144	144	platform may not limit the number or types of persons that an owner
145	145	may designate as the owner's designee.
146	146	Sec. 121.0004. MANUFACTURER MANDATES PROHIBITED. (a) A
147	147	manufacturer may not, through repair or maintenance service
148	148	procedures, recommendations, service bulletins, repair manuals,
149	149	position statements, or other similar repair or maintenance
150	150	guidelines that the manufacturer distributes:
151	151	(1) mandate, or imply a mandate for, the use of a
152	152	particular brand or manufacturer of parts, tools, or equipment; or
153	153	(2) recommend the use of a particular brand or
154	154	manufacturer of parts, tools, or equipment, unless the manufacturer
155	155	provides a prominent notice immediately following the
156	156	recommendation, in the same font used in the recommendation and in a
157	157	font size no smaller than the font size used in the recommendation
158	158	that states, "NOTICE: Motor vehicle owners can choose which repair
159	159	parts, tools, and equipment to purchase and should carefully
160	160	consider their options."
161	161	(b) This section does not apply to recall or warranty
162	162	repairs.
163	163	Sec. 121.0005. CONTRACTS VOIDED. A provision of a contract
164	164	or arrangement that waives, avoids, restricts, or limits the
165	165	manufacturer's obligations under this chapter is void and
166	166	unenforceable.
167	167	Sec. 121.0006. REPORTS. The department shall, on or before
168	168	September 1 of each even-numbered year, submit a report to the
169	169	governor and the appropriate standing committees of the legislature
170	170	that includes:
171	171	(1) a summary of the department's administration and
172	172	enforcement of this chapter; and
173	173	(2) the department's recommendations for legislation
174	174	that would improve the department's ability to further protect
175	175	owners from limits on competition in motor vehicle repair and to
176	176	strengthen an owner's control over the data generated by the owner's
177	177	motor vehicle.
178	178	Sec. 121.0007. RULES. (a) The department shall adopt rules
179	179	to administer and enforce this section, including rules relating
180	180	to:
181	181	(1) prohibiting technological barriers;
182	182	(2) prohibiting specified legal barriers related to
183	183	motor vehicle repair or to an owner's control of data generated by
184	184	the owner's motor vehicle;
185	185	(3) the types of data that constitute
186	186	vehicle-generated data, unrestricted by whether the type of data is
187	187	related to motor vehicle repair, taking into consideration
188	188	cybersecurity and privacy;
189	189	(4) allowing an owner to directly access the data
190	190	generated by the owner's motor vehicle; and
191	191	(5) requirements for manufacturers and motor vehicle
192	192	dealers to inform an owner at the point of purchase or lease of the
193	193	motor vehicle owner's rights and the manufacturer's obligations
194	194	under this chapter.
195	195	(b) The department shall at least once every three years
196	196	review the department's authority under Subsection (a) and consider
197	197	whether it is necessary to adopt rules under that subsection to
198	198	ensure that standardized access platforms are effective for owners.
199	199	Sec. 121.0008. CIVIL PENALTY. (a) A manufacturer who
200	200	violates Section 121.0002, 121.0003, or 121.0004 is liable to this
201	201	state for a civil penalty in an amount not to exceed $10,000 for
202	202	each act of violation and each day a violation occurs or continues
203	203	to occur.
204	204	(b) The attorney general may bring an action to recover the
205	205	civil penalty imposed under this section.
206	206	(c) An action under this section may be brought in a
207	207	district court in:
208	208	(1) Travis County; or
209	209	(2) a county in which any part of the violation occurs.
210	210	(d) The attorney general may recover reasonable expenses
211	211	incurred in obtaining a civil penalty under this section, including
212	212	court costs, reasonable attorney's fees, investigative costs,
213	213	witness fees, and deposition expenses.
214	214	Sec. 121.0009. CONSTRUCTION OF CHAPTER. This chapter may
215	215	not be construed to prevent a manufacturer from using a
216	216	cryptographic or technological protection necessary to secure
217	217	motor vehicles, vehicle-generated data, or safety critical vehicle
218	218	systems from an unintended audience.
219	219	SECTION 2. Section 121.0005, Business & Commerce Code, as
220	220	added by this Act, applies only to a contract or arrangement entered
221	221	into, renewed, or modified on or after the effective date of this
222	222	Act.
223	223	SECTION 3. This Act takes effect September 1, 2025.