In the final days of the Texas legislature, bills are moving quickly and with minimal notice. HB 2963, the Right to Repair bill, passed out of the Senate Business and Commerce Committee on Memorial Day in fly by night fashion. The bill was amended is come crucial ways and sent to the floor for a vote. The bill came up on the Senate floor yesterday and passed. Since it was amended, it will go back to the House for a concurrence vote, where it is very likely to pass before the deadline.
NAEDA has opposed adoption of this bill along with our coalition partners because we do not want a Right to Repair bill passed that does not contain our industry exemption language. However, the bill does contain an exemption for farm equipment manufacturers that comply with an MOU, heavy equipment, and powersport vehicles. The bill was also amended to narrow the scope of applicability to consumers who purchase products primarily for personal, family, or household purposes. That is a significant amendment NAEDA pushed for in lieu of resistance to adoption of our industry exemption language. The bill also specifically prohibits a private cause of action and only allows enforcement by the Attorney General of Texas.
We will continue to oppose the bill, but it looks likely that Texas will be the first republican controlled state to pass Right to Repair legislation. We are very disappointed in this result considering NAEDA’s involvement in the stakeholder process for this bill that started back in September before session began. The primary bill sponsor notified us that he would accept our industry exemption language, but ultimately waited until the last minute to pass the bill without it. We have been fighting hard against the bill since and helped to improve what it is now.
We will keep you updated on the status of this legislation. If you have any questions or concerns about the bill or its applicability, please contact me directly.
