Text of section effective on September 01, 2026
Sec. 121.052. CONSTRUCTION OF SUBCHAPTER. Notwithstanding any other provision of this subchapter, nothing in this subchapter:
(1)requires an original equipment manufacturer to provide or make available documentation, a replacement part, or a tool to a repair provider or owner, if:
(A)the documentation, part, or tool is not, or is no longer, provided by the original equipment manufacturer or made available to authorized repair providers of the original equipment manufacturer, including where the original equipment manufacturer performs related repairs solely in-house or through a corporate affiliate;
(B)the documentation, part, or tool is no longer available to the original equipment manufacturer; or
(C)the documentation or tool is used by
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Text of section effective on September 01, 2026
Sec. 121.052. CONSTRUCTION OF SUBCHAPTER. Notwithstanding any other provision of this subchapter, nothing in this subchapter:
(1) requires an original equipment manufacturer to provide or make available documentation, a replacement part, or a tool to a repair provider or owner, if:
(A) the documentation, part, or tool is not, or is no longer, provided by the original equipment manufacturer or made available to authorized repair providers of the original equipment manufacturer, including where the original equipment manufacturer performs related repairs solely in-house or through a corporate affiliate;
(B) the documentation, part, or tool is no longer available to the original equipment manufacturer; or
(C) the documentation or tool is used by the original manufacturer only to perform, at no cost, diagnostic services virtually through telephone, Internet, chat, e-mail, or other similar means that do not involve the manufacturer physically handling the consumer's equipment, unless the manufacturer also makes the documentation or tool available to an individual or business that is unaffiliated with the manufacturer;
(2) requires an original equipment manufacturer to divulge any trade secret to any independent repair provider or owner, except as necessary for the diagnosis, maintenance, or repair of digital electronic equipment in accordance with this chapter;
(3) requires an original equipment manufacturer or an authorized repair provider to provide an independent repair provider or owner any information other than documentation that is provided by the original equipment manufacturer to an authorized repair provider;
(4) requires an original equipment manufacturer or authorized repair provider to make available any documentation, part, or tool for the purposes of modifying digital electronic equipment;
(5) requires any original equipment manufacturer or authorized repair provider to make available any documentation, part, or tool in a manner that is inconsistent with or in violation of any state or federal law;
(6) requires an original equipment manufacturer to make available any documentation, part, or tool to an independent repair provider or owner that would disable, reset, or override electronic security locks or other security-related measures or functions, or disable or override anti-theft security measures set by the owner of the digital electronic equipment;
(7) prevents an original equipment manufacturer from:
(A) requiring remote authorization or an Internet connection before an independent repair provider or owner may use a part or tool; or
(B) providing parts, such as integrated batteries, to an independent repair provider or owner preassembled with other parts rather than as individual components, provided that those preassembled parts or their equivalents are also available to an authorized repair provider or owner; or
(8) requires an original equipment manufacturer to:
(A) provide documentation, a part, or a tool for a product where reconditioning or repair of the product is prohibited by a law or regulation;
(B) provide or make available source code;
(C) make available a special document, a part, or a tool that would disable or override an anti-theft security measure set by the owner of the digital electronic equipment without the owner's authorization;
(D) provide documentation, a part, or a tool for repair of digital electronic equipment that is critical to the safety of life or health of individuals, or for repairs that could threaten the safety of life or health of individuals, provided that the original equipment manufacturer provides to the consumer or another entity responsible for the enforcement of this chapter, as applicable, physical evidence of the threat alleged under this paragraph; or
(E) provide documentation or a tool used exclusively by the original equipment manufacturer for diagnosis, maintenance, or repairs completed by machines that operate on several digital electronic equipment products simultaneously or otherwise for purposes of large scale efficiency, provided the original equipment manufacturer makes available to an independent repair provider or owner sufficient alternative documentation or a tool to effect the diagnosis, maintenance, or repair of the digital electronic equipment.