Tex. Business & Commerce Code § 121.002 (4): APPLICABILITY OF CHAPTER.

Text of section effective on September 01, 2026

(a) Except as provided by Subsection (b), this chapter applies only to digital electronic equipment:

(1) sold to a consumer in this state; and

(2) that has a wholesale price of at least $50.

(b) This chapter does not apply to:

(1) information technology equipment that is intended for use in critical infrastructure as defined by 42 U.S.C. Section 5195c(e);

(2) a motor vehicle manufacturer who complies with a memorandum of understanding or any other industry-recognized agreement relating to the diagnosis, maintenance, or repair of digital electronic equipment;

(3) a powersports vehicle or outboard motor;

(4) a medical device or product:

(A) found in a medical setting, including diagnostic, monitoring, or control equipment; or

(B) offered for purchase or prescribed by a health care provider;

(5) a manufacturer of farm equipment who complies with a memorandum of understanding or any other industry-recognized agreement relating to the diagnosis, maintenance, or repair of digital electronic equipment;

(6) aerospace, airplane, or train equipment;

(7) heavy equipment;

(8) commercial and industrial electrical equipment, including power distribution equipment, such as telecommunications network infrastructure, commercial visual display equipment, medium/low voltage switchgear and transformers, power control equipment, such as medium/low voltage motor control and drives, power quality equipment, such as uninterruptible power supplies, remote power panels, power distribution units and static/transfer switches, and any tools, technology, attachments, accessories, components, and repair parts for any of the equipment described by this subdivision;

(9) a home appliance that has digital electronic equipment embedded within it, including refrigerators, ovens, microwaves, air conditioning units, and heating units, excluding other countertop or stand-alone small appliances;

(10) safety communications equipment, the intended use of which is for emergency response or prevention purposes by an emergency service organization, such as a police, fire, or medical and emergency rescue services agency;

(11) fire alarm systems, intrusion detection equipment that is provided with a security monitoring service, life safety systems, and physical access control equipment, including electronic keypads and similar building access control electronics;

(12) a video game console; or

(13) an original equipment manufacturer that provides an equivalent or better, readily available replacement part at no charge to and only at the discretion of the consumer.

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