HB2963 - Relating to diagnosis, maintenance, and repair of certain digital electronic equipment.

      H.B. No. 2963         AN ACT   relating to diagnosis, maintenance, and repair of certain 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 121 to read as follows:   CHAPTER 121. DIAGNOSIS, MAINTENANCE, AND REPAIR OF CERTAIN DIGITAL   ELECTRONIC EQUIPMENT   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 121.001.  DEFINITIONS. In this chapter:                 (1)     "Authorized repair provider" means an individual   or business entity who has an arrangement with the original   equipment manufacturer for a definite or indefinite period under   which the original equipment manufacturer grants to the individual   or business entity:                       (A)     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)     other authority to offer diagnosis,   maintenance, or repair services for digital electronic equipment on   behalf of the original equipment manufacturer.                 (2)     "Autocycle" has the meaning assigned by Section   501.008, Transportation Code.                 (3)     "Consumer" means an individual who enters into a   transaction primarily for personal, family, or household purposes.                 (4)     "Diagnosis" means the process of identifying the   issue or issues that cause digital electronic equipment to not be in   full working order.                 (5)     "Digital electronic equipment" or "equipment"     means any product that depends, wholly or partly, on digital   electronics embedded in or attached to the product to function.                 (6)     "Documentation" means any manual, diagram,   reporting output, service code description, or other guidance or   information provided or made available by the original equipment   manufacturer to an authorized repair provider for the purpose of   diagnosing, maintaining, or repairing digital electronic equipment   manufactured or sold by the original equipment manufacturer.                 (7)  "Fair and reasonable terms" means:                       (A)     with respect to an original equipment   manufacturer making available a tool, making the tool available:                             (i)     without conditioning that availability   on the recipient being an authorized repair provider;                             (ii)     at no cost to use or operate the tool   or at a cost that is equivalent to the lowest actual cost at which   the original equipment manufacturer offers the tool to an   authorized repair provider, taking into account any discounts,   rebates, or other financial incentives offered by the original   equipment manufacturer to the authorized repair provider; and                             (iii)     if the tool is requested in physical   form, for a charge equal to the actual cost of procuring, preparing,   and sending the tool;                       (B)     with respect to an original equipment   manufacturer making available a replacement part, making the part   available either directly or through an authorized distributor or   repair provider, subject to Section 121.052(7)(B):                             (i)     without conditioning that availability   on the recipient being an authorized repair provider; and                             (ii)     at costs and terms that are equivalent   to the costs and terms under which the part is offered to an   authorized repair provider;                       (C)     with respect to an original equipment   manufacturer making available documentation, including any   relevant updates to the documentation, making the documentation   available:                             (i)     without conditioning that availability   on the recipient being an authorized repair provider; and                             (ii)     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; and                       (D)     with respect to documentation, replacement   parts, or tools, terms that are fair to all parties, including the   original equipment manufacturer and authorized repair providers.                 (8)     "Heavy equipment" means utility and construction   equipment, including forestry equipment, industrial equipment,   road-building equipment, mining equipment, bulldozers, motor   graders, backhoes, skid steers, track loaders, and excavators.                 (9)     "Independent repair provider" means an individual   or business entity operating in this state that:                       (A)     with respect to an original equipment   manufacturer:                             (i)     is not an authorized repair provider;   and                             (ii)     is not affiliated with an individual   or business entity that is an authorized repair provider; and                       (B)     is engaged in the diagnosis, maintenance, or   repair of digital electronic equipment.                 (10)     "Maintenance" means any act necessary to keep   currently working digital electronic equipment in full working   order.                 (11)     "Medical device" means a device, as defined by 21   U.S.C. Section 321(h)(1), intended for use in the diagnosis of   disease or other conditions, or in the cure, mitigation, treatment,   or prevention of disease, in humans or other animals.                 (12)     "Modification" or "modify" means any alteration   to digital electronic equipment that is not maintenance and not a   repair.                 (13)     "Moped"   has the meaning assigned by Section   541.201, Transportation Code.                 (14)     "Motorboat"   has the meaning assigned by Section   31.003, Parks and Wildlife Code.                 (15)     "Motorcycle" has the meaning assigned by Section   541.201, Transportation Code.                 (16)     "Motor vehicle" means a vehicle that is designed   for transporting individuals or property on a street or highway and   is certified by the manufacturer under all applicable motor vehicle   federal safety and emissions standards and requirements for   distribution and sale in the United States.                 (17)     "Motor vehicle manufacturer" means a business   engaged in the manufacturing or assembling of motor vehicles.                 (18)     "Off-highway vehicle"   has the meaning assigned by   Section 551A.001, Transportation Code.                 (19)     "Open-enrollment charter school" means a school   that has been granted a charter under Subchapter D, Chapter 12,   Education Code.                 (20)     "Original equipment manufacturer" means a person   that, in the normal course of business, is engaged in the business   of selling, leasing, or otherwise supplying new digital electronic   equipment manufactured by or on behalf of the person.                 (21)     "Outboard motor"   has the meaning assigned by   Section 31.003, Parks and Wildlife Code.                 (22)     "Owner" means an individual or business entity   that owns digital electronic equipment.                 (23)     "Personal watercraft"   has the meaning assigned by   Section 31.003, Parks and Wildlife Code.                 (24)  "Powersports vehicle" means:                       (A)  an autocycle;                       (B)  a motorcycle;                       (C)  a moped;                       (D)     a motorboat, including a personal   watercraft; or                       (E)  an off-highway vehicle.                 (25)     "Repair" means any act necessary to restore   digital electronic equipment or equipment to full working order.   The term does not include post-sale modifications that alter the   originally intended functioning of the digital electronic   equipment.                 (26)     "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.   The term does not include printed   circuit board assemblies that allow device cloning in violation of   18 U.S.C. Section 1029 or other applicable law.                 (27)     "School district" means any public school   district in this state.                 (28)     "Tool" means any software program, hardware   implement, or other apparatus used for the diagnosis, maintenance,   or repair of digital electronic equipment, including software or   another mechanism that:                       (A)  provides, programs, or pairs a part;                       (B)  calibrates functionality; or                 &#x [Text truncated for display. Full text available on Congress.gov.]