Texas Statutes (Last Updated: January 4, 2014) |
BUSINESS AND COMMERCE CODE |
Title 5. REGULATION OF BUSINESSES AND SERVICES |
Subtitle B. RENTAL PRACTICES |
Chapter 91. PRIVATE PASSENGER VEHICLE RENTAL COMPANIES |
Subchapter A. GENERAL PROVISIONS |
Sec. 91.001. DEFINITIONS
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In this chapter:
(1) "Authorized driver" means:
(A) the renter;
(B) a person whom the rental company expressly designates on the rental agreement as an authorized driver;
(C) the renter's spouse if the spouse:
(i) holds a driver's license; and
(ii) satisfies any minimum age requirement established by the rental company;
(D) an employer, employee, or coworker of the renter if the person:
(i) holds a driver's license;
(ii) satisfies any minimum age requirement established by the rental company; and
(iii) is engaged in a business activity with the renter at the time of the rental; or
(E) a person who:
(i) holds a driver's license; and
(ii) is driving directly to a medical or police facility under circumstances reasonably believed to constitute an emergency.
(2) "Damage" means damage to or loss of a rented vehicle, regardless of fault involved in the damage or loss. The term includes:
(A) theft and loss of use; and
(B) any cost incident to the damage or loss, including storage, impound, towing, and administrative charges.
(3) "Damage waiver" means a rental company's agreement not to hold an authorized driver liable for all or part of any damage to a rented vehicle.
(4) "Mandatory charge" means a charge for an item or service provided in connection with a rental transaction, other than a charge imposed by law:
(A) that is in addition to the base rental rate; and
(B) that the renter may not avoid or decline.
(5) "Private passenger vehicle" means a motor vehicle of the private passenger type, including a passenger van, primarily intended for private use.
(6) "Rental agreement" means an agreement for 30 days or less that states the terms governing the use of a private passenger vehicle rented by a rental company.
(7) "Rental company" means a person in the business of renting private passenger vehicles to the public for 30 days or less. The term does not include a person who holds a license under Chapter 2301, Occupations Code, and whose primary business activity is not renting private passenger vehicles.
(8) "Renter" means a person who obtains use of a private passenger vehicle from a rental company under a rental agreement.