89th Legislature Regular Session

HB 2963

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2963 establishes a comprehensive “Right to Repair” framework for digital electronic equipment in Texas by creating Chapter 121 of the Business & Commerce Code. This bill mandates that original equipment manufacturers (OEMs) must make available to consumers and independent repair providers the same documentation, tools, and replacement parts that are provided to authorized repair providers. The availability of these materials must be on "fair and reasonable terms," meaning they cannot be restricted to only authorized providers and must be priced at or below the rates offered to those providers.

The bill defines a wide range of terms, including “authorized repair provider,” “independent repair provider,” and “digital electronic equipment,” the latter referring to any product that depends in whole or in part on digital electronics to function. The legislation applies broadly to consumer electronics, educational institutions, and software-enabled products but includes important exceptions. Notably, it excludes motor vehicles, motorcycles, autocycles, heavy equipment, and medical devices, in part to avoid conflicts with existing federal regulations or complex safety considerations.

By standardizing the right to access repair information and materials, the bill seeks to reduce electronic waste, enhance consumer choice, support small and independent repair businesses, and curb monopolistic practices by manufacturers that limit repair to authorized channels. The law would apply to equipment sold or used in Texas, ensuring broad consumer protection while limiting undue burdens on OEMs. The overall goal is to empower consumers, promote marketplace fairness, and preserve private property rights related to digital technology ownership.

The substitute version of HB 2963 introduces several substantial changes from the originally filed version, aimed at narrowing the scope of the bill and aligning it more closely with legal and industry norms. One of the most notable shifts is the expansion and clarification of key definitions. For example, while the original bill limited the definition of a "consumer" to individuals acting for household purposes, the substitute broadens this to include educational institutions, thereby recognizing the role of schools in technology purchasing and repair. The revised definition of "fair and reasonable terms" is also more detailed, specifying how pricing must mirror that offered to authorized repair providers.

Another major difference lies in the exemptions. The substitute adds several categories of excluded equipment, such as heavy equipment (e.g., construction or mining machinery), safety communication devices, and farm equipment, provided the manufacturers comply with certain industry agreements. These were not addressed in the original version and reflect a strategic decision to avoid interference with sectors that involve complex safety or regulatory concerns, such as automotive or medical devices.

The substitute also introduces clearer language around manufacturer obligations and legal liability. It explicitly allows OEMs to bundle parts, require remote authorization, or restrict tools that override security functions, reflecting feedback from industry stakeholders concerned about intellectual property and user safety. Furthermore, enforcement remains exclusively with the Attorney General, but the substitute strengthens procedural clarity and reinforces that violations are actionable under the Texas Deceptive Trade Practices Act after a cure period.

Finally, while both versions share a delayed effective date of September 1, 2026, the substitute adds transition provisions that respect existing agreements entered into before the law’s enactment. Overall, the substitute represents a more targeted and legally cautious approach, focusing the bill on mainstream consumer electronics while removing more contentious equipment categories and tightening compliance requirements.
Author
Giovanni Capriglione
Pat Curry
Richard Hayes
Sponsor
Bob Hall
Co-Sponsor
Molly Cook
Sarah Eckhardt
Nathan Johnson
Lois Kolkhorst
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 2963 would not have a significant financial impact on the State of Texas. The implementation of its provisions—requiring original equipment manufacturers (OEMs) to make repair tools, parts, and documentation available to independent repair providers and consumers—is not expected to necessitate new appropriations or significant additional resources. Any costs associated with enforcing the bill, particularly by the Office of the Attorney General, are presumed to be absorbable within existing agency budgets.

Moreover, the bill contains a provision allowing the Office of the Attorney General to recover attorneys' fees and enforcement-related expenses from violators. This reimbursement mechanism further reduces the likelihood of long-term fiscal burden on the state, as enforcement actions could be self-funding when successful.

For local governments, the bill is also expected to have no significant fiscal implications. Because the enforcement authority resides exclusively with the Attorney General, local government units and their budgets are not anticipated to be affected by the bill's mandates or operations. In sum, HB 2963 is structured in a way that minimizes fiscal strain while enabling consumer rights and repair market access.

Vote Recommendation Notes

HB 2963 represents a targeted and balanced approach to establishing a right to repair framework in Texas, particularly for consumer digital electronic equipment. It promotes the core liberty principles of individual autonomy, free enterprise, and private property rights, while applying reasonable safeguards to protect trade secrets, cybersecurity, and public safety. The bill enables Texans and independent repair providers to access tools, documentation, and replacement parts that manufacturers often withhold—restrictions which have traditionally raised consumer costs, limited choice, and contributed to environmental waste.

The bill wisely incorporates clear boundaries, exempting critical sectors such as medical devices, motor vehicles, heavy equipment, emergency response systems, and game consoles. These exemptions reflect industry concerns and public safety realities, allowing the bill to advance repair rights without creating legal or operational conflicts in heavily regulated or high-risk areas. Moreover, the enforcement mechanism is both efficient and restrained: the Texas Attorney General is given exclusive authority to act after a 30-day cure period, and no private right of action is created—limiting frivolous litigation while enabling meaningful accountability.

From a fiscal perspective, the bill imposes no significant costs on the state or local governments, and it includes a provision allowing the Attorney General to recover enforcement-related expenses. Its delayed implementation date of September 1, 2026, offers manufacturers and the market ample time to prepare for compliance. Taken together, the bill affirms consumer rights and market freedom while respecting legitimate concerns from manufacturers, making it a sound, liberty-consistent policy proposal, and as such, Texas Policy Research recommends that lawmakers vote YES on HB 2963.

  • Individual Liberty: The bill directly promotes individual liberty by affirming the right of Texans to access the tools, parts, and information needed to repair or maintain digital devices they own. This counters the increasingly common practice of manufacturers locking down devices and restricting repair to authorized channels. By requiring original equipment manufacturers (OEMs) to make repair materials available to independent providers and consumers, the bill reaffirms that ownership should come with meaningful control—central to the concept of personal freedom.
  • Personal Responsibility: By enabling consumers to repair their own devices or use independent technicians, the bill encourages individuals to take charge of maintaining their property, rather than relying on monopolistic or proprietary service arrangements. This empowers more resourceful and self-reliant behavior, reducing both dependency and waste. It also expands educational opportunities for people developing repair skills—especially in technical education and workforce training settings.
  • Free Enterprise: The bill enhances competition by leveling the playing field for small and independent repair businesses that currently lack access to essential repair tools or documentation. It breaks down artificial barriers to market entry created by exclusive service contracts or technological lockouts, thereby promoting a more open, innovative, and consumer-friendly marketplace. This is particularly beneficial for small business development in rural or underserved areas where authorized repair centers are not readily available.
  • Private Property Rights: HB 2963 reinforces the foundational principle that ownership should include the right to repair, modify, and maintain one’s property. Restricting these rights through digital locks, unavailable parts, or proprietary software undermines ownership. By codifying the right to repair, the bill ensures that property owners are not merely leasing functionality from manufacturers but instead have full dominion over their purchased goods.
  • Limited Government: Although the bill introduces regulatory obligations on manufacturers, it does so narrowly and without creating new regulatory agencies or enforcement bureaucracies. Enforcement is reserved solely for the Texas Attorney General, with a 30-day cure period for alleged violations, and no private right of action is permitted. This approach limits the scope and cost of government involvement while preserving consumer protections through market transparency and legal clarity.
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