HB2963

HB2963 requires manufacturers of covered consumer electronics to make repair documentation, replacement parts and tools available to owners and independent repair businesses on defined fair and reasonable terms. It is not a right to repair every electronic product. The law took effect September 1, 2026 and applies only to equipment originally made available for sale in Texas by its manufacturer on or after that date. Covered equipment must be sold to a consumer in Texas and have a wholesale price of at least $50—not merely a $50 retail price. “Consumer” means an individual buying primarily for personal, family or household purposes. Final law, Sections 1–4; official history.

For covered equipment, the manufacturer has no later than one year after its first sale in Texas to make the required materials, or equivalents, available. Availability cannot depend on the recipient becoming an authorized repair provider. Documentation and updates generally must be free, although printed copies may carry reasonable actual preparation and delivery costs. Replacement parts must be offered at costs and terms equivalent to those available to authorized repair providers. Tools must be free to use or operate, or priced at the manufacturer’s lowest actual authorized-provider cost, accounting for discounts and incentives; a physical tool may carry actual procurement, preparation and shipping costs. The law also requires terms fair to all parties. Sections 121.001(7) and 121.051.

Manufacturers may supply materials directly or through permitted repair providers or other third parties. The law does not impose a separate supply duty on a third party independent of the manufacturer. An independent repair provider must operate in Texas and not be an authorized provider or affiliated with one for that manufacturer.

Important exclusions: the law excludes information-technology equipment intended for critical infrastructure; powersports vehicles and outboard motors; specified medical devices or products; aerospace, airplane and train equipment; heavy equipment; commercial and industrial electrical equipment and associated parts; specified home appliances; emergency-service safety communications equipment; fire alarms, monitored intrusion equipment, life-safety and physical-access systems; and video-game consoles. The home-appliance exclusion does not extend to other countertop or stand-alone small appliances. General-purpose computers, laptops, tablets and mobile phones are not “video-game consoles” merely because they can play games. The motor-vehicle-manufacturer and farm-equipment-manufacturer exclusions depend on compliance with an applicable repair memorandum or industry-recognized agreement. Another exclusion covers a manufacturer providing an equivalent or better readily available replacement part free, at the consumer’s discretion. Section 121.002.

Access has further limits. The act does not require supplying materials that the manufacturer does not provide or make available to authorized repairers, including solely in-house or affiliate repairs; materials no longer available to the manufacturer; or certain tools/documentation used only for free remote diagnosis, unless also supplied to an unaffiliated business or individual. It does not require source code, materials for modifications rather than restoration to working order, unlawful repairs, or tools overriding protected security measures. Trade secrets need not be disclosed except as necessary for repair access under the chapter. Manufacturers may still require remote authorization or an internet connection and may supply qualifying preassembled parts rather than individual components. A claimed life-or-health safety exception requires physical evidence of the threat. Large-scale factory-only tools may be withheld if sufficient repair alternatives are supplied. Section 121.052.

For an owner who is the original purchaser, the manufacturer may instead reimburse the original purchase price or offer an equivalent-or-better readily available replacement device at a price no greater than the total cost of the replacement parts, with the replacement provided at the consumer’s discretion. This is a manufacturer alternative under the act, not an unconditional consumer right to demand a free new device. Contract terms waiving the manufacturer’s duties generally are unenforceable, but conflicting provisions in manufacturer–authorized-repair-provider agreements made before September 1, 2026 prevail under the act’s transition rule. Section 121.053 and act Section 3.

Only the attorney general may enforce this chapter; it creates no private lawsuit right. Before suit, the attorney general must give written notice identifying the alleged violations and at least 30 days to cure. Timely correction plus a written statement that the violation was cured and that no further violations are intended bars the action. Uncured violations can be pursued as deceptive trade practices or through an injunction, with recovery of reasonable investigation and litigation expenses and attorney’s fees. Sections 121.101–121.104.