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Texas Statutes (Last Updated: January 4, 2014) |
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BUSINESS AND COMMERCE CODE |
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Title 5. REGULATION OF BUSINESSES AND SERVICES |
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Subtitle B. RENTAL PRACTICES |
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Chapter 91. PRIVATE PASSENGER VEHICLE RENTAL COMPANIES |
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Subchapter B. DAMAGE WAIVERS AND MANDATORY CHARGES |
Sec. 91.056. VOIDING OF DAMAGE WAIVER
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A rental company may not void a damage waiver unless:
(1) an authorized driver causes the damage intentionally or by wilful and wanton misconduct;
(2) the damage arises out of use of the vehicle:
(A) by a person:
(i) who is not an authorized driver;
(ii) while under the influence of an intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; or
(iii) while engaged in commission of a crime other than a traffic infraction;
(B) to carry persons or property for hire;
(C) to push or tow anything;
(D) for driver's training;
(E) to engage in a speed contest; or
(F) outside the continental United States, unless the rental agreement specifically authorizes the use; or
(3) the rental company entered into the rental transaction based on fraudulent information supplied by the renter.