Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Business & Commerce Code § 121.054 (2): LIMITATION OF LIABILITY.

Text of section effective on September 01, 2026
(a) An original equipment manufacturer or authorized repair provider is not liable for any damage or injury to any digital electronic equipment, individual, or property that occurs as a result of the repair, diagnosis, maintenance, or modification performed by an independent repair provider or owner, or any other use of documentation, replacement parts, or tools made available by an original equipment manufacturer, including:
(1) indirect, incidental, special, or consequential damages;
(2) loss of data, privacy, or profits; or
(3) inability to use or reduced functionality of the digital electronic equipment.
(b) An original equipment manufacturer is not liable under this chapter for any act that is reasonably necessary to protect user privacy, security, or digital safety.
(c) An original equipment manufacturer is not liable for improper use of personal data or any data privacy or security breach in connection with the repair, diagnosis, maintenance, or modification performed by an independent repair provider or owner.
Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963), Sec. 1, eff. September 1, 2026.

Where this section sits in the code

BUSINESS AND COMMERCE CODE
TITLE 5. REGULATION OF BUSINESSES AND SERVICES
SUBTITLE C. BUSINESS OPERATIONS Chapter 121, consisting of Secs. 121.001 to 121.104, was added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963), Sec. 1. For another Chapter 121, consisting of Secs. 121.001 to 121.102, added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420), Sec. 1, see Sec. 121.001 et seq., post. For another Chapter 121, consisting of Secs. 121.001 to 121.006, added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383), Sec. 1, see Sec. 121.001 et seq., post. For another Chapter 121, consisting of Secs. 121.001 to 121.002, added by Acts 2025, 89th Leg., R.S., Ch. 1089 (H.B. 3966), Sec. 1, see Sec. 121.001 et seq., post.
CHAPTER 121. DIAGNOSIS, MAINTENANCE, AND REPAIR OF CERTAIN DIGITAL ELECTRONIC EQUIPMENT
SUBCHAPTER B. ORIGINAL EQUIPMENT MANUFACTURER REQUIREMENTS

Text of section effective on September 01, 2026

(a) An original equipment manufacturer or authorized repair provider is not liable for any damage or injury to any digital electronic equipment, individual, or property that occurs as a result of the repair, diagnosis, maintenance, or modification performed by an independent repair provider or owner, or any other use of documentation, replacement parts, or tools made available by an original equipment manufacturer, including:

(1) indirect, incidental, special, or consequential damages;

(2) loss of data, privacy, or profits; or

(3) inability to use or reduced functionality of the digital electronic equipment.

(b) An original equipment manufacturer is not liable under this chapter for any act that is reasonably necessary to protect user privacy, security, or digital safety.

(c) An original equipment manufacturer is not liable for improper use of personal data or any data privacy or security breach in connection with the repair, diagnosis, maintenance, or modification performed by an independent repair provider or owner.

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

Collected 2026-08-27T01:46:56Z. Source file · JSON

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