House Bill 2963 | Effective: 9-1-26 |
House Author: Capriglione et al. | House Committee: Trade, Workforce & Economic Development |
Senate Sponsor: Hall et al. | Senate Committee: Business & Commerce |
House Bill 2963 amends the Business & Commerce Code, with respect to digital electronic equipment sold to a consumer in Texas that has a wholesale price of at least $50 and parts for that equipment sold or used in Texas, to require the original equipment manufacturer of the equipment or part to make documentation, replacement parts, and tools, or their equivalents, that are required for the diagnosis, maintenance, or repair of the digital electronic equipment available on fair and reasonable terms, in a specified timeframe, to the following recipients:
- any independent repair provider; or
- an owner of digital electronic equipment manufactured by or on behalf of, sold by, or supplied by the original equipment manufacturer.
The documentation, replacement parts, and tools may be made available directly by an original equipment manufacturer or through an authorized repair provider or a third-party provider or by certain authorized repair providers to any independent repair provider or owner. The bill provides alternative relief options an original equipment manufacturer may provide to the original purchaser instead of making documentation, replacement parts, or tools available under the bill's provisions.
Among other provisions, House Bill 2963 does the following:
- expressly states the equipment and manufacturers to which the bill's provisions do not apply;
- sets out specified actions that the bill does not require or prohibit an original equipment manufacturer from taking, as applicable;
- establishes certain exemptions from liability for an original equipment manufacturer or authorized repair provider;
- grants the attorney general exclusive authority to enforce the bill's provisions;
- prohibits the attorney general from bringing an action against a person if, within the 30‑day period, the person cures the violation and provides the attorney general a written statement with specified content;
- establishes that a provision in a contract that purports to waive, avoid, restrict, or limit the original equipment manufacturer's obligation to comply with the bill's provisions is void and unenforceable;
- establishes that a violation of the bill's provisions following the cure period is a deceptive trade practice and is actionable under the Deceptive Trade Practices-Consumer Protection Act; and
- prohibits the bill's provisions from being construed to create, provide a basis for, or be subject to a private right of action for a violation of the bill's provisions or any other law.