The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Computer Equipment--A desktop, notebook, or tablet computer and includes a computer monitor or other display device that does not contain a tuner.
  (2) Department--The Department of Information Resources.
  (3) Manufacturer--A person:
    (A) who manufactures or manufactured computer equipment under a brand that:
      (i) the person owns or owned; or
      (ii) the person is or was licensed to use, other than under a license to manufacture Computer Equipment for delivery exclusively to or at the order of the licensor;
    (B) who sells or sold Computer Equipment manufactured by others under a brand that:
      (i) the person owns or owned; or
      (ii) the person is or was licensed to use, other than under a license to manufacture Computer Equipment for delivery exclusively to or at the order of the licensor;
    (C) who manufactures or manufactured Computer Equipment without affixing a brand;
    (D) who manufactures or manufactured Computer Equipment to which the person affixes or affixed a brand that:
      (i) the person does not or has not owned; or
      (ii) the person is not or was not licensed to use; or
    (E) who imports or imported computer equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the Computer Equipment to the importer has or had assets or a presence in the United States sufficient to be considered the Manufacturer.

Source Note: The provisions of this §217.1 adopted to be effective June 10, 2009, 34 TexReg 3511; amended to be effective June 9, 2010, 35 TexReg 4655; amended to be effective November 17, 2011, 36 TexReg 7662; amended to be effective November 23, 2015, 40 TexReg 8200