right to repair for digital electronic equipment

The text as introduced · 1,430 words

89R11277 SRA-D

By: Luther
H.B. No. 3682

A BILL TO BE ENTITLED

AN ACT

relating to the diagnosis, maintenance, and repair of digital

electronic equipment.

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 122 to read as follows:

CHAPTER 122. DIAGNOSIS, MAINTENANCE, AND REPAIR OF DIGITAL

ELECTRONIC EQUIPMENT

Sec. 122.001. DEFINITIONS. In this chapter:

(1) "Authorized repair provider" means an individual

or business entity that is not an affiliate of but has an

arrangement with an original equipment manufacturer:

(A) under which the original equipment

manufacturer grants to the individual or business entity a license

to use a trade name, service mark, or other proprietary identifier

for the purpose of offering diagnosis, maintenance, or repair

services for digital electronic equipment under the name of the

original equipment manufacturer; or

(B) to offer diagnosis, maintenance, or repair

for digital electronic equipment services on behalf of the original

equipment manufacturer.

(2) "Digital electronic equipment" means any product

that, to function, depends wholly or partly on digital electronics

embedded in or attached to the product.

(3) "Documentation" means any manual, diagram,

reporting output, service code description, schematic, or other

guidance or information provided to an authorized repair provider

used in the diagnosis, maintenance, or repair of digital electronic

equipment.

(4) "Embedded software" means any programmable

instructions provided on firmware that is delivered with digital

electronic equipment or with a replacement part for that equipment

for the purpose of equipment operation, including all relevant

patches and fixes made by the original equipment manufacturer of

the digital electronic equipment or replacement part for that

purpose.

(5) "Fair and reasonable terms" means:

(A) with respect to making available a

replacement part or a tool that is not software, making the part or

tool available:

(i) under costs and terms equivalent to the

most favorable net cost and terms offered to an original equipment

manufacturer's authorized repair provider for obtaining an

equivalent part or tool, accounting for any discounts, rebates,

means of enabling fully restored and updated functionality, rights

of use, convenience of delivery, or other incentive program offered

to the authorized repair provider, or any additional cost, burden,

or impediment the manufacturer imposes on an independent repair

provider;

(ii) without any condition, substantial

obligation, or restriction that is not reasonably necessary to

allow the owner or independent repair provider to engage in the

diagnosis, maintenance, or repair of the manufacturer's digital

electronic equipment; and

(iii) without conditioning that

availability on the recipient being an authorized repair provider;

(B) with respect to making available a tool that

is software, making the tool available at no charge, without

requiring authorization or Internet access, and without imposing

any other impediment to access or use of the tool in a manner that

impairs the efficient and cost-effective diagnosis, maintenance,

or repair of the equipment; or

(C) with respect to making available

documentation, including any relevant updates to the

documentation, making the documentation available at no cost,

except that an original equipment manufacturer may charge the

reasonable actual cost of preparing and sending a copy of the

documentation when the documentation is requested in physical

printed form.

(6) "Firmware" means a software program or set of

instructions programmed on digital electronic equipment or on a

replacement part for the equipment that allows the equipment or

replacement part to communicate with itself or other computer

hardware.

(7) "Independent repair provider" means an individual

or business entity operating in this state:

(A) who does not, on the individual or entity's

own behalf or through an affiliate, have an arrangement with an

original equipment manufacturer as described by Subdivision (1) and

who is engaged in diagnosis, maintenance, or repair of digital

electronic equipment; or

(B) that is an original equipment manufacturer,

or who is an individual or business entity who has an arrangement

with that original equipment manufacturer as described by

Subdivision (1), only with respect to diagnosis, maintenance, or

repair of digital electronic equipment not manufactured by or sold

under the name of that original equipment manufacturer.

(8) "Original equipment manufacturer" means a

business entity that sells, leases, or supplies new digital

electronic equipment manufactured by or on behalf of the business

entity.

(9) "Owner" means an individual or business entity who

owns or leases digital electronic equipment purchased or used in

this state.

(10) "Replacement part" means a new or used

replacement part made available by the original equipment

manufacturer for the purpose of maintenance or repair of digital

electronic equipment manufactured, sold, or supplied by the

original equipment manufacturer.

(11) "Tool" means any software program, hardware

implement, or other apparatus used for diagnosis, maintenance, or

repair of digital electronic equipment, including software or

another mechanism that:

(A) provisions, programs, or pairs a new part;

(B) calibrates functionality; or

(C) performs any other function required to

restore the equipment to fully functional condition.

(12) "Trade secret" has the meaning assigned by 18

U.S.C. Section 1839, as that section existed on January 1, 2025.

Sec. 122.002. REQUIREMENTS FOR ORIGINAL EQUIPMENT

MANUFACTURERS. (a) For digital electronic equipment, including

parts for that equipment, sold or used in this state, the original

equipment manufacturer of the equipment or part shall make

available on fair and reasonable terms to any independent repair

provider or to an owner of digital electronic equipment

manufactured by or on behalf of, sold by, or supplied by the

original equipment manufacturer:

(1) documentation, replacement parts, and tools,

including any updates to information or embedded software, for that

equipment or replacement part; and

(2) for equipment containing an electronic security

lock or other security-related function, any special

documentation, replacement part, or tool needed to disable and

reset the lock or function when disabled in the course of diagnosis,

maintenance, or repair of the equipment.

(b) An original equipment manufacturer may make available

the documentation, replacement part, or tool under Subsection

(a)(2) through an appropriate secure release system.

(c) Notwithstanding Subsection (a), if an original

equipment manufacturer provides an express warranty with respect to

digital electronic equipment and the wholesale price of that

equipment is at least $100, the manufacturer shall provide any

replacement part, tool, or documentation to enable repair of that

equipment during the manufacturer's warranty period at an equitable

price, including convenience of delivery and enabling

functionality, that takes into consideration:

(1) the actual cost to the manufacturer to prepare and

distribute the part, tool, or documentation, without considering

research and development costs;

(2) the ability of owners and independent repair

providers to afford the part, tool, or documentation; and

(3) the means by which the part, tool, or

documentation is distributed.

(d) This section does not require an original equipment

manufacturer to make available a replacement part if the part is no

longer available to the original equipment manufacturer.

(e) An original equipment manufacturer who offers the

services of diagnosis, maintenance, or repair of the manufacturer's

own digital electronic equipment, and who does not have an

authorized repair arrangement with an individual or business entity

that is not an affiliate, is considered to be an authorized repair

provider with respect to that equipment.

Sec. 122.003. CONSTRUCTION OF CHAPTER. (a) Nothing in this

chapter may be construed to require an original equipment

manufacturer to divulge a trade secret to an owner or an independent

repair provider except as necessary to provide documentation,

replacement parts, and tools on fair and reasonable terms as

provided by this chapter.

(b) Nothing in this chapter may be construed to alter the

terms of an arrangement described by Section 122.001(1) between an

authorized repair provider and original equipment manufacturer,

including the performance or provision of warranty or recall repair

work by the authorized repair provider on behalf of the original

equipment manufacturer under an arrangement described by Section

122.001(1), except that any provision in an agreement between an

authorized repair provider and original equipment manufacturer

that purports to waive, avoid, restrict, or limit the original

equipment manufacturer's obligation to comply with this chapter is

void and unenforceable.

Sec. 122.004. DECEPTIVE TRADE PRACTICE. A violation of

this chapter is a deceptive trade practice in addition to the

practices described by Subchapter E, Chapter 17, and is actionable

under that subchapter.

SECTION 2. To the extent of a conflict between Chapter 122,

Business & Commerce Code, as added by this Act, and a provision of

an agreement between an authorized repair provider and original

equipment manufacturer entered into before the effective date of

this Act, the provision of the agreement prevails.

SECTION 3. This Act takes effect September 1, 2025.