HB4362 - Relating to the diagnosis, maintenance, and repair of electronics-enabled implements of agriculture.

  89R13496 BCH-D     By: Money H.B. No. 4362       A BILL TO BE ENTITLED   AN ACT   relating to the diagnosis, maintenance, and repair of   electronics-enabled implements of agriculture.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Agricultural   Right to Repair Act.          SECTION 2.  Subtitle C, Title 5, Business & Commerce Code, is   amended by adding Chapter 121 to read as follows:   CHAPTER 121.   DIAGNOSIS, MAINTENANCE, AND REPAIR OF   ELECTRONICS-ENABLED IMPLEMENTS OF AGRICULTURE           Sec. 121.001.  DEFINITIONS. In this chapter:                 (1)     "Authorized repair provider" means a person that   has an arrangement with an original equipment manufacturer under   which the original equipment manufacturer grants to the person a   license to use a trade name, service mark, or other proprietary   identifier for the purposes of offering diagnosis, maintenance, or   repair services for an electronics-enabled implement of   agriculture on behalf of the person or the original equipment   manufacturer. The term includes an original equipment manufacturer   that offers diagnosis, maintenance, or repair services for the   digital electronic equipment that the original equipment   manufacturer manufactures or offers for sale.                 (2)  "Commonly available" means any item that is:                       (A)     commercially available for purchase from   more than one seller; and                       (B)     not solely made available by an original   equipment manufacturer for use on the original equipment   manufacturer's products.                 (3)     "Digital electronic equipment" means any product   that depends for the product's functioning, wholly or partly, on   digital electronics embedded in or attached to the product.                 (4)     "Documentation" means any manual, diagram,   reporting output, service code description, schematic, library of   diagnosed issues, or other information used in the diagnosis,   maintenance, or repair of an electronics-enabled implement of   agriculture.                 (5)     "Electronics-enabled implement of agriculture"   means equipment that:                       (A)  is designed for agricultural purposes;                       (B)     is exclusively used by the owner of the   equipment in the conduct of the agricultural operations of the   owner; and                       (C)     depends for the equipment's functioning,   wholly or partly, on digital electronic equipment.                 (6)     "Embedded software" means a programmable   instruction provided on firmware delivered with an   electronics-enabled implement of agriculture.                 (7)     "Fair and reasonable terms" means, with respect to   making available a part, tool, software, or documentation, making   the part, tool, software, or documentation available at a cost and   on terms equivalent to the lowest cost and most favorable terms   offered by an original equipment manufacturer to an authorized   repair provider, including:                       (A)     in general, with respect to costs, making   available any discount, rebate, or financial incentive the original   equipment manufacturer offers to an authorized repair provider;                       (B)     in general, with respect to other terms,   ensuring the terms:                             (i)     include equivalent methods of   timeliness of delivery of the part, tool, software, or   documentation that the original equipment manufacturer offers to an   authorized repair provider;                             (ii)     do not impose on an owner or   independent repair provider any substantial obligation to use or   put a restriction on the use of the part, tool, software, or   documentation to diagnose, maintain, or repair an   electronics-enabled implement of agriculture, including a   condition that the owner or independent repair provider become an   authorized repair provider or a requirement that a part or tool be   registered, paired with, or approved by the original equipment   manufacturer before the part or tool is operational; and                             (iii)     prohibit an original equipment   manufacturer or an authorized repair provider from imposing any   additional cost or burden that is not reasonably necessary or is   designed to be an impediment on an owner or independent repair   provider;                       (C)     with respect to making available   documentation, making 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; and                       (D)     with respect to making available software   tools, making the software tools available:                             (i)  at no cost;                             (ii)     without requiring authorization or   Internet access;                             (iii)     without imposing impediments to   access or use in the course of effecting the diagnosis,   maintenance, or repair of an electronics-enabled implement of   agriculture; and                             (iv)     in a manner that does not impair the   efficient and cost-effective diagnosis, maintenance, or repair of   an electronics-enabled implement of agriculture to enable full   functionality of the implement.                 (8)     "Firmware" means a software program or set of   instructions programmed on an electronics-enabled implement of   agriculture or on a part for the implement that allows the implement   or part to communicate with a networked product or system or with   other computer hardware, including any relevant patch or fix made   by the original equipment manufacturer of the implement or part.                 (9)  "Independent repair provider" means a person that:                       (A)     is not an authorized repair provider of an   electronics-enabled implement of agriculture; and                       (B)     provides diagnosis, maintenance, or repair   services for the electronics-enabled implement of agriculture.                 (10)     "Original equipment manufacturer" means a person   that manufactures an electronics-enabled implement of agriculture   and sells, leases, or otherwise supplies the implement to any other   person.                 (11)     "Owner" means a person that owns or leases an   electronics-enabled implement of agriculture other than the   original equipment manufacturer of the implement.                 (12)     "Part" means any component or subcomponent of an   electronics-enabled implement of agriculture that is sold,   supplied, or otherwise made available by an original equipment   manufacturer for the purposes of maintaining, repairing, or   diagnosing the implement.                 (13)     "Tool" means a software program, including a   software update, hardware implement, or other apparatus used for   repair-related diagnostic testing, maintenance, or repair of an   electronics-enabled implement of agriculture.   The term includes   software or another mechanism that provides, programs, or pairs a   new part, calibrates functionality, or performs any other function   required to bring the implement to a fully functional condition.                 (14)     "Trade secret" has the meaning assigned by 18   U.S.C. Section 1839, as that section existed on January 1, 2025.           Sec.   121.002.     APPLICABILITY. This chapter applies to an   electronics-enabled implement of agriculture sold or leased in this   state.             Sec.   121.003.     REQUIREMENTS FOR ORIGINAL EQUIPMENT   MANUFACTURERS. An original equipment manufacturer shall     make   available on fair and reasonable terms to any owner or independent   repair provider:                 (1)     any part, tool, software, or documentation,   including any updates to information or embedded software, for that   equipment or part; and                 (2)     for equipment containing an electronic security   lock or other security-related function, any part, tool, or   documentation required to disable or enable an electronic security   lock or other security-related function of an electronics-enabled   implement of agriculture.           Sec.   121.004.     PART REPLACEMENT; ACCESSIBILITY.   An original   equipment manufacturer shall ensure that any part required by the   original equipment manufacturer's electronics-enabled implement of   agriculture can be replaced without causing damage to the implement   using:                 (1)  a commonly available tool; or                 (2)     a tool that is not commonly available that is made   available to owners or independent repair providers by the original   equipment manufacturer on fair and reasonable terms.           Sec.   121.005.     CONSTRUCTION OF CHAPTER. Nothing in this   chapter may be construed to:                 (1)     require an original equipment manufacturer to   divulge a trade secret to an owner or an independent repair   provider, except as necessary to make available any necessary part,   tool, software, or documentation on fair and reasonable terms as   required by this chapter;                 (2)     alter the terms of an agreement between an   original equipment manufacturer and an authorized repair provider,   except with respect to any provision of an agreement that would   limit the obligations of an original equipment manufacturer under   this chapter;                 (3)     require an authorized repair provider to make any   part, tool, software, or documentation relating to an   electronics-enabled implement of agriculture available on fair and   reasonable terms, unless the authorized repair provider is the   original equipment manufacturer of the implement;               & [Text truncated for display. Full text available on Congress.gov.]