Tex. Business & Commerce Code § 121.001 (4): DEFINITIONS.

Text of section effective on September 01, 2026

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

(C) performs any other function required to restore the equipment to full working order.

(29) "Trade secret" means anything tangible or intangible or electronically stored or kept that constitutes, represents, evidences, or records intellectual property, including secret or confidentially held designs, processes, procedures, formulas, inventions, or improvements, or secret or confidentially held scientific, technical, merchandising, production, financial, business, or management information, or that falls within the meaning of a trade secret given in 18 U.S.C. Section 1839.

(30) "Video game console" means a computing device, including the device's components and peripherals, that is primarily used by a consumer to play video games, including a console machine, a handheld console device, or another device or system. The term does not include a general or all-purpose computer, including a desktop computer, laptop, tablet, or mobile phone.

Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963), Sec. 1, eff. September 1, 2026.