Texas Business & Commerce Code

§ 121.052 — CONSTRUCTION OF SUBCHAPTER

BC § 121.052Title 5. REGULATION OF BUSINESSES AND SERVICES · Part C. BUSINESS OPERATIONS · Ch. 121. DIAGNOSIS, MAINTENANCE, AND REPAIR OF CERTAIN DIGITAL ELECTRONIC EQUIPMENT · Art. B. ORIGINAL EQUIPMENT MANUFACTURER REQUIREMENTS

Statute text

View on source

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;

…