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.