Relating to the diagnosis, maintenance, and repair of certain motor vehicles; providing a civil penalty.

89(R) HB 4555 - Introduced version - Bill Text

89R8969 SRA-F

By: Curry

H.B. No. 4555

A BILL TO BE ENTITLED

AN ACT

relating to the diagnosis, maintenance, and repair of certain motor

vehicles; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is

amended by adding Chapter 121 to read as follows:

CHAPTER 121.

DIAGNOSIS, MAINTENANCE, AND REPAIR OF MOTOR VEHICLES

Sec. 121.0001. DEFINITIONS. In this chapter:

(1)

"Aftermarket part" means a part offered for sale

or for installation in or on a motor vehicle after the motor vehicle

has left the motor vehicle manufacturer's production line.

The

term does not include a piece of original equipment or part

manufactured for a motor vehicle manufacturer.

(2)

"Barrier" means a restriction that prohibits,

makes more difficult, or tends to make more difficult the ability of

an owner to repair the owner's motor vehicle in the manner the owner

deems appropriate.

(3)

"Critical repair information or tools" means

necessary compatibility information equipment, schematics, tools,

parts nomenclature or descriptions, parts catalogs, repair

procedures, training materials, software, or technology, including

information related to diagnostics, repair, and maintenance,

including calibration or recalibration of parts and systems, used

to return a motor vehicle to operational specifications.

(4)

"Dealer" has the meaning assigned by Section

503.001, Transportation Code.

(5)

"Department" means the Texas Department of Motor

Vehicles.

(6)

"Distributor" has the meaning assigned by Section

2301.002, Occupations Code.

(7)

"Manufacturer" has the meaning assigned by Section

503.001, Transportation Code.

(8)

"Motor vehicle" has the meaning assigned by

Section 501.002, Transportation Code.

(9)

"Motor vehicle equipment" has the meaning assigned

by 49 U.S.C. Section 30102(a).

(10)

"Motor vehicle repair facility" means a person

that is engaged in the business of diagnosis, maintenance, or

repair, including servicing and calibration, of motor vehicles or

motor vehicle equipment.

(11)

"Owner" means a person, or the person's designee,

who owns or leases a motor vehicle.

The term does not include a

manufacturer, a person acting on behalf of a manufacturer, a motor

vehicle financing company, a motor vehicle dealer, or a motor

vehicle lessor.

(12)

"Remanufacturer" means a person who uses a

standardized industrial process that returns previously sold,

worn, or nonfunctional products to like new or better condition and

performance, resulting in a fully warranted product.

(13)

"Service provider" means a designee of an owner

or a designee of a motor vehicle repair facility that is hired or

otherwise engaged by the owner or motor vehicle repair facility to

assist with the diagnosis and repair of a motor vehicle.

(14) "Specified legal barrier" means:

(A)

a request or requirement that an owner waive

the owner's right to use a motor vehicle repair facility of the

owner's choice;

(B)

offering compensation or another incentive

in exchange for an owner waiving the owner's right to use a motor

vehicle repair facility of the owner's choice; or

(C)

any additional specified legal barrier

identified by department rule.

(15)

"Standardized access platform" means a

cybersecure authentication and authorization system developed by a

manufacturer that has the capability to securely access and

communicate vehicle-generated data that emanates directly from the

motor vehicle by direct local and remote wireless data connections

bidirectionally and in real time.

(16)

"Technological barrier" means a technological

restriction that prohibits, makes more difficult, or tends to make

more difficult the ability of an owner to repair the owner's motor

vehicle in the manner the owner deems appropriate.

The term

includes a technological barrier adopted by rule by the department.

(17)

"Telematics system" means a system in a motor

vehicle that collects information generated by the operation of the

motor vehicle and, using wireless communication, transmits the

information to a remote receiving point where it will be stored.

(18)

"Vehicle-generated data" means direct,

real-time, onboard data generated by the operation of a motor

vehicle that is related to the motor vehicle's diagnostics, repair,

or maintenance, including service, wear, and calibration or

recalibration of parts and systems, required to maintain or return

the motor vehicle to operational specifications in compliance with

federal motor vehicle safety and emissions laws, regulations, and

standards.

Sec.

121.0002.

MANUFACTURER BARRIERS PROHIBITED. A

manufacturer may not use a technological barrier or specified legal

barrier that impairs the ability of:

(1)

an owner to access the vehicle-generated data

generated by the owner's motor vehicle that the manufacturer is

required to make available under Sections 121.0003(a) and (b);

(2)

an owner, an aftermarket parts manufacturer, an

aftermarket parts remanufacturer, a motor vehicle equipment

manufacturer, a motor vehicle repair facility, a distributor, or a

service provider to access critical repair information or tools

that the manufacturer is required to make available under Section

121.0003(c);

(3)

an owner to use a service provider of the owner's

choice;

(4)

an aftermarket parts manufacturer, an aftermarket

parts remanufacturer, a motor vehicle equipment manufacturer, a

motor vehicle repair facility, a distributor, or a service provider

to produce or offer compatible aftermarket parts; or

(5)

an owner to diagnose, repair, and maintain the

owner's motor vehicle in the same manner as a manufacturer or motor

vehicle dealer.

Sec.

121.0003.

DATA, INFORMATION, AND TOOL ACCESS. (a)

A

manufacturer shall provide to each owner of a motor vehicle

manufactured by the manufacturer access to vehicle-generated data

generated by the owner's vehicle without restriction, limitation,

fee, license, or requiring use of a device mandated by the

manufacturer to decrypt vehicle-generated data.

(b)

If a manufacturer uses wireless technology or a

telematics system to transmit vehicle-generated data, the

manufacturer shall provide access to the vehicle-generated data as

required under Subsection (a) and in a direct and wireless method

through a standardized access platform.

(c)

A manufacturer shall provide to an owner, aftermarket

parts manufacturer, aftermarket parts remanufacturer, motor

vehicle repair facility, distributor, or service provider of a

vehicle manufactured by the manufacturer access to critical repair

information or tools related to the motor vehicle without

restriction or limitation and at a fair, reasonable, and

nondiscriminatory cost.

(d)

A manufacturer shall develop a system, either through an

onboard screen or through an application that an owner can

download, that notifies an owner when the vehicle-generated data

generated by the owner's motor vehicle is being accessed. The

notification must specify if the access includes the ability for

the person accessing the data to send a command or software update

to complete a repair.

A manufacturer or person working on behalf of

a manufacturer may be considered an owner of a motor vehicle for the

limited purpose of receiving a notification under this subsection

if permitted by the owner.

(e)

A person that manages access to a motor vehicle's

vehicle-generated data transmitted by a standardized access

platform may not limit the number or types of persons that an owner

may designate as the owner's designee.

Sec.

121.0004.

MANUFACTURER MANDATES PROHIBITED. (a)

A

manufacturer may not, through repair or maintenance service

procedures, recommendations, service bulletins, repair manuals,

position statements, or other similar repair or maintenance

guidelines that the manufacturer distributes:

(1)

mandate, or imply a mandate for, the use of a

particular brand or manufacturer of parts, tools, or equipment; or

(2)

recommend the use of a particular brand or

manufacturer of parts, tools, or equipment, unless the manufacturer

provides a prominent notice immediately following the

recommendation, in the same font used in the recommendation and in a

font size no smaller than the font size used in the recommendation

that states, "NOTICE: Motor vehicle owners can choose which repair

parts, tools, and equipment to purchase and should carefully

consider their options."

(b)

This section does not apply to recall or warranty

repairs.

Sec.

121.0005.

CONTRACTS VOIDED. A provision of a contract

or arrangement that waives, avoids, restricts, or limits the

manufacturer's obligations under this chapter is void and

unenforceable.

Sec.

121.0006.

REPORTS. The department shall, on or before

September 1 of each even-numbered year, submit a report to the

governor and the appropriate standing committees of the legislature

that includes:

(1)

a summary of the department's administration and

enforcement of this chapter; and

(2)

the department's recommendations for legislation

that would improve the department's ability to further protect

owners from limits on competition in motor vehicle repair and to

strengthen an owner's control over the data generated by the owner's

motor vehicle.

Sec.

121.0007.

RULES. (a)

The department shall adopt rules

to administer and enforce this section, including rules relating

to:

(1) prohibiting technological barriers;

(2)

prohibiting specified legal barriers related to

motor vehicle repair or to an owner's control of data generated by

the owner's motor vehicle;

(3)

the types of data that constitute

vehicle-generated data, unrestricted by whether the type of data is

related to motor vehicle repair, taking into consideration

cybersecurity and privacy;

(4)

allowing an owner to directly access the data

generated by the owner's motor vehicle; and

(5)

requirements for manufacturers and motor vehicle

dealers to inform an owner at the point of purchase or lease of the

motor vehicle owner's rights and the manufacturer's obligations

under this chapter.

(b)

The department shall at least once every three years

review the department's authority under Subsection (a) and consider

whether it is necessary to adopt rules under that subsection to

ensure that standardized access platforms are effective for owners.

Sec.

121.0008.

CIVIL PENALTY.

(a) A manufacturer who

violates Section 121.0002, 121.0003, or 121.0004 is liable to this

state for a civil penalty in an amount not to exceed $10,000 for

each act of violation and each day a violation occurs or continues

to occur.

(b)

The attorney general may bring an action to recover the

civil penalty imposed under this section.

(c)

An action under this section may be brought in a

district court in:

(1) Travis County; or

(2) a county in which any part of the violation occurs.

(d)

The attorney general may recover reasonable expenses

incurred in obtaining a civil penalty under this section, including

court costs, reasonable attorney's fees, investigative costs,

witness fees, and deposition expenses.

Sec.

121.0009.

CONSTRUCTION OF CHAPTER. This chapter may

not be construed to prevent a manufacturer from using a

cryptographic or technological protection necessary to secure

motor vehicles, vehicle-generated data, or safety critical vehicle

systems from an unintended audience.

SECTION 2. Section 121.0005, Business & Commerce Code, as

added by this Act, applies only to a contract or arrangement entered

into, renewed, or modified on or after the effective date of this

Act.

SECTION 3. This Act takes effect September 1, 2025.