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A BILL TO BE ENTITLED
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AN ACT
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relating to the automatic transfer of manufacturer's warranties on |
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air conditioning systems conveyed with residential real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 12, Business & Commerce Code, is amended by |
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adding Chapter 608 to read as follows: |
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CHAPTER 608. MANUFACTURER'S WARRANTIES ON AIR CONDITIONING SYSTEMS |
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Sec. 608.001. DEFINITIONS. In this chapter: |
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(1) "Air conditioning system" means a heating, |
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ventilation, and air conditioning system that provides heating and |
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cooling to a building. |
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(2) "Residential real property" has the meaning |
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assigned by Section 22.001. |
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(3) "Warrantor" means a person who is contractually |
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obligated to repair or replace a product under a warranty |
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agreement. |
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Sec. 608.002. TRANSFER OF MANUFACTURER'S WARRANTY. (a) If |
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residential real property that includes an air conditioning system |
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as a fixture to the property is conveyed to a new owner, a |
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manufacturer's warranty in effect on that system or a component of |
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that system on the date of the conveyance: |
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(1) is automatically transferred to the new owner; and |
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(2) continues in effect as if the new owner was the |
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original purchaser of the system or component, as applicable. |
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(b) A warrantor continues to be obligated under the terms of |
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a manufacturer's warranty agreement for a warranty transferred |
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under this section and may not charge a fee for the transfer of the |
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warranty. |
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(c) The transfer of a manufacturer's warranty under this |
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section does not extend the original term of the warranty |
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agreement. |
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SECTION 2. The change in law made by this Act applies only |
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to a warranty agreement entered into or renewed on or after the |
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effective date of this Act. A warranty agreement entered into or |
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renewed before the effective date of this Act is governed by the law |
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in effect on the date the agreement was entered into or renewed, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |