S.B. No. 2428 introduces Chapter 121 to the Business & Commerce Code, establishing a framework for the responsibilities of original equipment manufacturers (OEMs) regarding the repair and maintenance of digital electronic equipment. The bill defines key terms such as "authorized repair provider," "independent repair provider," and "digital electronic equipment," and mandates that OEMs provide necessary documentation, replacement parts, and tools to independent repair providers and equipment owners on fair and reasonable terms within one year of the first sale in Texas. However, it also specifies certain exemptions, including medical devices and critical infrastructure equipment, and declares any contractual provisions that attempt to waive OEM obligations under this chapter as void and unenforceable.

Additionally, the bill outlines conditions under which OEMs are not required to provide repair resources, such as when the OEM no longer offers the item or when it is used solely for remote diagnostics. It limits OEM liability for damages from repairs by independent providers and grants the Attorney General exclusive enforcement authority. The bill allows OEMs to offer alternative relief to original purchasers and includes a notice requirement for the Attorney General before taking action against violations, providing a 30-day cure period. Violations after this period are classified as deceptive trade practices, enabling the Attorney General to seek injunctions and recover enforcement costs. The provisions will apply only to digital electronic equipment sold in Texas after the effective date of September 1, 2026.

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