89R8969 SRA-F
By: Curry H.B. No. 4555
A BILL TO BE ENTITLED
AN ACT
relating to the diagnosis, maintenance, and repair of certain motor
vehicles; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. DIAGNOSIS, MAINTENANCE, AND REPAIR OF MOTOR VEHICLES
Sec. 121.0001. DEFINITIONS. In this chapter:
(1) "Aftermarket part" means a part offered for sale
or for installation in or on a motor vehicle after the motor vehicle
has left the motor vehicle manufacturer's production line. The
term does not include a piece of original equipment or part
manufactured for a motor vehicle manufacturer.
(2) "Barrier" means a restriction that prohibits,
makes more difficult, or tends to make more difficult the ability of
an owner to repair the owner's motor vehicle in the manner the owner
deems appropriate.
(3) "Critical repair information or tools" means
necessary compatibility information equipment, schematics, tools,
parts nomenclature or descriptions, parts catalogs, repair
procedures, training materials, software, or technology, including
information related to diagnostics, repair, and maintenance,
including calibration or recalibration of parts and systems, used
to return a motor vehicle to operational specifications.
(4) "Dealer" has the meaning assigned by Section
503.001, Transportation Code.
(5) "Department" means the Texas Department of Motor
Vehicles.
(6) "Distributor" has the meaning assigned by Section
2301.002, Occupations Code.
(7) "Manufacturer" has the meaning assigned by Section
503.001, Transportation Code.
(8) "Motor vehicle" has the meaning assigned by
Section 501.002, Transportation Code.
(9) "Motor vehicle equipment" has the meaning assigned
by 49 U.S.C. Section 30102(a).
(10) "Motor vehicle repair facility" means a person
that is engaged in the business of diagnosis, maintenance, or
repair, including servicing and calibration, of motor vehicles or
motor vehicle equipment.
(11) "Owner" means a person, or the person's designee,
who owns or leases a motor vehicle. The term does not include a
manufacturer, a person acting on behalf of a manufacturer, a motor
vehicle financing company, a motor vehicle dealer, or a motor
vehicle lessor.
(12) "Remanufacturer" means a person who uses a
standardized industrial process that returns previously sold,
worn, or nonfunctional products to like new or better condition and
performance, resulting in a fully warranted product.
(13) "Service provider" means a designee of an owner
or a designee of a motor vehicle repair facility that is hired or
otherwise engaged by the owner or motor vehicle repair facility to
assist with the diagnosis and repair of a motor vehicle.
(14) "Specified legal barrier" means:
(A) a request or requirement that an owner waive
the owner's right to use a motor vehicle repair facility of the
owner's choice;
(B) offering compensation or another incentive
in exchange for an owner waiving the owner's right to use a motor
vehicle repair facility of the owner's choice; or
(C) any additional specified legal barrier
identified by department rule.
(15) "Standardized access platform" means a
cybersecure authentication and authorization system developed by a
manufacturer that has the capability to securely access and
communicate vehicle-generated data that emanates directly from the
motor vehicle by direct local and remote wireless data connections
bidirectionally and in real time.
(16) "Technological barrier" means a technological
restriction that prohibits, makes more difficult, or tends to make
more difficult the ability of an owner to repair the owner's motor
vehicle in the manner the owner deems appropriate. The term
includes a technological barrier adopted by rule by the department.
(17) "Telematics system" means a system in a motor
vehicle that collects information generated by the operation of the
motor vehicle and, using wireless communication, transmits the
information to a remote receiving point where it will be stored.
(18) "Vehicle-generated data" means direct,
real-time, onboard data generated by the operation of a motor
vehicle that is related to the motor vehicle's diagnostics, repair,
or maintenance, including service, wear, and calibration or
recalibration of parts and systems, required to maintain or return
the motor vehicle to operational specifications in compliance with
federal motor vehicle safety and emissions laws, regulations, and
standards.
Sec. 121.0002. MANUFACTURER BARRIERS PROHIBITED. A
manufacturer may not use a technological barrier or specified legal
barrier that impairs the ability of:
(1) an owner to access the vehicle-generated data
generated by the owner's motor vehicle that the manufacturer is
required to make available under Sections 121.0003(a) and (b);
(2) an owner, an aftermarket parts manufacturer, an
aftermarket parts remanufacturer, a motor vehicle equipment
manufacturer, a motor vehicle repair facility, a distributor, or a
service provider to access critical repair information or tools
that the manufacturer is required to make available under Section
121.0003(c);
(3) an owner to use a service provider of the owner's
choice;
(4) an aftermarket parts manufacturer, an aftermarket
parts remanufacturer, a motor vehicle equipment manufacturer, a
motor vehicle repair facility, a distributor, or a service provider
to produce or offer compatible aftermarket parts; or
(5) an owner to diagnose, repair, and maintain the
owner's motor vehicle in the same manner as a manufacturer or motor
vehicle dealer.
Sec. 121.0003. DATA, INFORMATION, AND TOOL ACCESS. (a) A
manufacturer shall provide to each owner of a motor vehicle
manufactured by the manufacturer access to vehicle-generated data
generated by the owner's vehicle without restriction, limitation,
fee, license, or requiring use of a device mandated by the
manufacturer to decrypt vehicle-generated data.
(b) If a manufacturer uses wireless technology or a
telematics system to transmit vehicle-generated data, the
manufacturer shall provide access to the vehicle-generated data as
required under Subsection (a) and in a direct and wireless method
through a standardized access platform.
(c) A manufacturer shall provide to an owner, aftermarket
parts manufacturer, aftermarket parts remanufacturer, motor
vehicle repair facility, distributor, or service provider of a
vehicle manufactured by the manufacturer access to critical repair
information or tools related to the motor vehicle without
restriction or limitation and at a fair, reasonable, and
nondiscriminatory cost.
(d) A manufacturer shall develop a system, either through an
onboard screen or through an application that an owner can
download, that notifies an owner when the vehicle-generated data
generated by the owner's motor vehicle is being accessed. The
notification must specify if the access includes the ability for
the person accessing the data to send a command or software update
to complete a repair. A manufacturer or person working on behalf of
a manufacturer may be considered an owner of a motor vehicle for the
limited purpose of receiving a notification under this subsection
if permitted by the owner.
(e) A person that manages access to a motor vehicle's
vehicle-generated data transmitted by a standardized access
platform may not limit the number or types of persons that an owner
may designate as the owner's designee.
Sec. 121.0004. MANUFACTURER MANDATES PROHIBITED. (a) A
manufacturer may not, through repair or maintenance service
procedures, recommendations, service bulletins, repair manuals,
position statements, or other similar repair or maintenance
guidelines that the manufacturer distributes:
(1) mandate, or imply a mandate for, the use of a
particular brand or manufacturer of parts, tools, or equipment; or
(2) recommend the use of a particular brand or
manufacturer of parts, tools, or equipment, unless the manufacturer
provides a prominent notice immediately following the
recommendation, in the same font used in the recommendation and in a
font size no smaller than the font size used in the recommendation
that states, "NOTICE: Motor vehicle owners can choose which repair
parts, tools, and equipment to purchase and should carefully
consider their options."
(b) This section does not apply to recall or warranty
repairs.
Sec. 121.0005. CONTRACTS VOIDED. A provision of a contract
or arrangement that waives, avoids, restricts, or limits the
manufacturer's obligations under this chapter is void and
unenforceable.
Sec. 121.0006. REPORTS. The department shall, on or before
September 1 of each even-numbered year, submit a report to the
governor and the appropriate standing committees of the legislature
that includes:
(1) a summary of the department's administration and
enforcement of this chapter; and
(2) the department's recommendations for legislation
that would improve the department's ability to further protect
owners from limits on competition in motor vehicle repair and to
strengthen an owner's control over the data generated by the owner's
motor vehicle.
Sec. 121.0007. RULES. (a) The department shall adopt rules
to administer and enforce this section, including rules relating
to:
(1) prohibiting technological barriers;
(2) prohibiting specified legal barriers related to
motor vehicle repair or to an owner's control of data generated by
the owner's motor vehicle;
(3) the types of data that constitute
vehicle-generated data, unrestricted by whether the type of data is
related to motor vehicle repair, taking into consideration
cybersecurity and privacy;
(4) allowing an owner to directly access the data
generated by the owner's motor vehicle; and
(5) requirements for manufacturers and motor vehicle
dealers to inform an owner at the point of purchase or lease of the
motor vehicle owner's rights and the manufacturer's obligations
under this chapter.
(b) The department shall at least once every three years
review the department's authority under Subsection (a) and consider
whether it is necessary to adopt rules under that subsection to
ensure that standardized access platforms are effective for owners.
Sec. 121.0008. CIVIL PENALTY. (a) A manufacturer who
violates Section 121.0002, 121.0003, or 121.0004 is liable to this
state for a civil penalty in an amount not to exceed $10,000 for
each act of violation and each day a violation occurs or continues
to occur.
(b) The attorney general may bring an action to recover the
civil penalty imposed under this section.
(c) An action under this section may be brought in a
district court in:
(1) Travis County; or
(2) a county in which any part of the violation occurs.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, reasonable attorney's fees, investigative costs,
witness fees, and deposition expenses.
Sec. 121.0009. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to prevent a manufacturer from using a
cryptographic or technological protection necessary to secure
motor vehicles, vehicle-generated data, or safety critical vehicle
systems from an unintended audience.
SECTION 2. Section 121.0005, Business & Commerce Code, as
added by this Act, applies only to a contract or arrangement entered
into, renewed, or modified on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2025.