Small business is one of the few areas where September 1, 2026 is a real date. Four of the fourteen bills taking effect that day reach Texas businesses directly.
Texas right to repair, House Bill 2963
Texas now has a digital right to repair law. A manufacturer of digital electronic equipment sold in Texas must, not later than one year after the date of the first sale of that equipment in the state, make documentation, replacement parts, and tools available to independent repair providers and to equipment owners on fair and reasonable terms. It may do so directly or through an authorized third party.
House Bill 2963 specifies the terms. Documentation must be furnished at no cost, though a reasonable actual cost may be charged for a printed copy. Parts must be offered on costs and terms equivalent to those provided to the manufacturer’s authorized repair network. Tools must be available at no cost, or at a cost equivalent to the lowest actual cost at which the manufacturer offers the tool to an authorized repair provider. And availability may not be conditioned on the recipient being an authorized repair provider.
Thirteen categories are excluded, and the exclusions matter as much as the rule. They cover motor vehicles subject to existing dealer and manufacturer agreements, powersports vehicles and outboard motors, medical devices, farm equipment covered by agreements, aerospace and rail equipment, heavy equipment, commercial electrical equipment, information technology equipment used in critical infrastructure, large home appliances such as refrigerators, ovens, microwaves and HVAC units, safety communications equipment for emergency response, fire alarm and life safety and physical access control systems, video game consoles, and equipment for which the manufacturer provides an equivalent or better replacement part at no charge. For businesses that manufacture, sell, or service covered electronic equipment, a Dallas, TX business lawyer can help explain the compliance requirements and potential legal obligations created by the new law.
Independent repair shops should see their parts problem ease from this date. Manufacturers of covered equipment need a parts and documentation program running by it.
Residential solar registration, Senate Bill 1036
The consumer contract half of this law has been in effect since September 1, 2025: standardized contract language, required disclosures, and a right to cancel on or before the fifth business day after the agreement was executed.
The registration and enforcement half arrives September 1, 2026, and it covers more than registration alone. From that date, a person may not act as a residential solar salesperson without registering with the Texas Department of Licensing and Regulation under Occupations Code section 1806.101, and a person may not employ or engage a solar salesperson without registering as a residential solar retailer under section 1806.102. The whole of Subchapter E arrives with it. That subchapter carries the prohibited practices list, including falsely claiming affiliation with a utility or a government agency and disregarding posted no-soliciting signs. It gives the Texas Commission of Licensing and Regulation, administered by TDLR, administrative penalty authority, cease and desist authority, and the power to cancel agreements and order refunds. And it sets an enhanced civil penalty ceiling of $10,000 per violation, or $100,000 in the aggregate for violations of a similar nature, where a court finds an individual over 65 was harmed.
If you sell residential solar in Texas, or you employ anyone who does, registration is not optional after September 1.
Manufactured housing, Senate Bill 785
A municipality with zoning must now permit installation of new HUD-code manufactured homes by right in at least one residential zoning classification, and must actually have adopted such a classification applying to land within its limits. It may not require a specific use permit for a new HUD-code home if the home complies with federal law and the city does not require an SUP for other residential structures in the same zoning class. An application is considered granted unless the municipality denies it in writing, stating the reason, not later than the forty-fifth day after the application is received.
Historic landmark and historic district authority is unaffected. Deed restrictions established before January 2, 2025 are unaffected. Certain municipalities are excluded, including one where every residentially zoned area was subject to deed restrictions prohibiting manufactured homes as of September 1, 2025. The statute reaches new HUD-code homes; it does not by its terms reach used ones.
Gold and silver, House Bill 1056
As of September 1, 2026, under Government Code section 2116.101, gold and silver specie meeting the statutory weight and purity requirements and lacking indicators of government issuance is legal tender in Texas, to the extent authorized by Article I, Section 10 of the United States Constitution. Two limits sit alongside it. No person may be required to offer or accept it, and it does not prohibit or limit the legal tender, acceptance, or use of Federal Reserve notes. The Comptroller’s electronic payment system for gold- and silver-backed transactional currency does not arrive until May 1, 2027.
Most businesses need to do nothing about this on September 1.
Three 2025 Texas laws still worth checking
Your property tax bill got better, and the exemption is automatic. House Bill 9 raised the business personal property exemption to $125,000 of market value after voters approved Proposition 9 on November 4, 2025, applying to tax years beginning on or after January 1, 2026. The exemption applies per separate location where the property is held or used within a taxing unit. Tax Code section 11.43(a) expressly excludes section 11.145 from the exemption-application requirement, so no exemption application is filed and no appraisal district may condition the exemption on one. The rendition rules are a separate obligation and still apply. Under Tax Code section 22.01(j-1), a business must render only if it believes the aggregate market value of its property at a location exceeds the exemption amount, and if it does, it must then render all of its income-producing property in that appraisal district. A business below the threshold that elects not to render must still file a rendition statement or property report containing a certification of its reasonable belief that the value does not exceed the exemption, and a chief appraiser may require a full rendition anyway. The deadline is April 15, extendable to May 15 on written request. The rules are uniform statewide under the Tax Code; only forms and filing mechanics vary by appraisal district.
Text message marketing is now a live source of private liability. Senate Bill 140 extended Texas telemarketing law to text messages effective September 1, 2025 and made a violation a false, misleading, or deceptive act under the DTPA. Under Business and Commerce Code section 305.053(b), a private plaintiff recovers the greater of $500 per violation or actual damages, and under section 305.053(c) a court may increase that to the greater of $1,500 per violation or three times actual damages for a knowing or intentional violation, layered on top of DTPA remedies and federal exposure. The $5,000 figure that circulates is a different thing: it is the civil penalty the Attorney General may seek under section 302.302, not private exposure. In November 2025 the Attorney General entered a stipulated order in Ecommerce Innovation Alliance, Inc. v. State of Texas, No. 1:25-cv-01401 (W.D. Tex.), taking the position that the Chapter 302 registration requirement does not reach consent-based text campaigns, and the Secretary of State posted matching guidance the following month. That helps, but a stipulated order binds neither Texas courts nor private plaintiffs, and the rest of the statute still applies to consent-based programs: quiet hours, the Texas no-call list, caller identification, and honoring opt-outs.
A documented cybersecurity program is worth real money in a breach case. Senate Bill 2610, effective September 1, 2025, added Business and Commerce Code Chapter 542. A business with fewer than 250 employees that adopts and documents a conforming cybersecurity program is protected from exemplary damages in data breach litigation. Compensatory damages, statutory claims, and Attorney General enforcement are untouched, so this is a shield against one category of damages rather than against liability. Under 20 employees, you need a password policy and appropriate employee cybersecurity training. Twenty to 99, the CIS Controls Implementation Group 1. One hundred to 249, an industry-recognized framework such as NIST or ISO/IEC 27001. Documenting the program takes an afternoon, and the defense it buys is real.
And if you employ health care practitioners, Senate Bill 1318 capped noncompetes for physicians, dentists, nurses, and physician assistants at one year and a five-mile radius from the location where the practitioner primarily practiced before termination, with the buyout capped at the practitioner’s total annual salary and wages at the time of termination and the terms required to be stated clearly and conspicuously in writing. It applies to agreements entered into or renewed on or after September 1, 2025. The statute does not define what counts as a renewal, and that is where the disputes have started.
If any of this touches a matter you are dealing with right now, we are glad to talk it through. Call (817) 841-9906 or request a consultation at brandyaustinlaw.com/contact/.
Frequently asked questions
What new Texas business laws take effect September 1, 2026?
Four reach businesses directly. House Bill 2963 creates a digital right to repair. Senate Bill 1036 requires residential solar salespeople and retailers to register with TDLR and adds enforcement authority. Senate Bill 785 requires cities with zoning to allow new HUD-code manufactured homes by right in at least one residential district. House Bill 1056 makes gold and silver specie legal tender.
What does the Texas right to repair law require?
Within one year after a digital electronic device is first sold in Texas, the manufacturer must make documentation, replacement parts, and tools available to independent repair providers and owners on fair and reasonable terms. Documentation must be free, parts must be on terms equivalent to the authorized network, and availability may not be conditioned on authorized status. Thirteen categories are excluded.
Do Texas solar salespeople have to be registered?
Yes, starting September 1, 2026. A person may not act as a residential solar salesperson without registering with the Texas Department of Licensing and Regulation, and a person may not employ one without registering as a residential solar retailer. TDLR gains administrative penalty, cease and desist, and contract cancellation authority the same day.
Do I have to file for the $125,000 Texas business personal property exemption?
No exemption application is required. Tax Code section 11.43(a) excludes section 11.145 from the application requirement, so the exemption is automatic. The rendition rules are separate: a business must render only if it believes the value at a location exceeds the exemption, and a business below the threshold that elects not to render must still file a statement certifying that belief. The deadline is April 15.
Can I be sued over text message marketing in Texas?
Yes. Since September 1, 2025, Senate Bill 140 has applied Texas telemarketing law to text messages and made a violation a deceptive act under the DTPA. A private plaintiff may recover the greater of $500 per violation or actual damages, increased to the greater of $1,500 per violation or treble actual damages for a knowing or intentional violation.
Does a cybersecurity program protect a small Texas business from a data breach lawsuit?
Partially. Under Business and Commerce Code Chapter 542, effective September 1, 2025, a business with fewer than 250 employees that adopts and documents a conforming program is shielded from exemplary damages. Compensatory damages, statutory claims, and Attorney General enforcement are untouched.
What are the limits on healthcare noncompetes in Texas?
Senate Bill 1318 caps noncompetes for physicians, dentists, nurses, and physician assistants at one year and a five-mile radius from the practitioner’s primary practice location, with the buyout capped at the practitioner’s total annual salary and wages at termination. It applies to agreements entered into or renewed on or after September 1, 2025.
If a recent change in Texas law affects your business, it is important to understand how the new requirements may apply to your operations, contracts, employees, customers, or potential legal exposure. Brandy Austin Law Firm can review your circumstances, explain the laws that may be relevant to your business, and help you understand the steps you may need to take to remain compliant and protect your interests. Whether you are dealing with a new regulatory requirement, a contract concern, a potential dispute, or another business related legal issue, obtaining guidance early can help you make informed decisions. Contact the firm to discuss your situation and determine what legal options may be available to you.