reglab/statecodes huggingface dataset:
2023 Texas Statutes › 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 › Section 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  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.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter B. Damage Waivers and Mandatory Charges › Section 91.051. Written Agreement Required for Damage Waiver

Sec. 91.051.  WRITTEN AGREEMENT REQUIRED FOR DAMAGE WAIVER.  A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or before the time the rental agreement is executed.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter B. Damage Waivers and Mandatory Charges › Section 91.052. Notice to Renter

Sec. 91.052.  NOTICE TO RENTER.  (a)  A rental company shall provide each renter who purchases a damage waiver, the charge for which is not included in the base rental rate, the following notice:
NOTICE:  Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle.  Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage.  The purchase of the waiver is not mandatory.  The waiver is not insurance.
(b)  The notice under Subsection (a) must be in at least 10-point type.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter B. Damage Waivers and Mandatory Charges › Section 91.053. Posted Notice

Sec. 91.053.  POSTED NOTICE.  In addition to providing the notice required by Section 91.052, a rental company shall post in a conspicuous location where the damage waiver is offered the following notice:
Notice to Texas Residents Regarding Damage Waivers
Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term.  Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss.  If you file a claim under your personal automobile insurance policy, your insurance company may choose to nonrenew your policy at your renewal date, but may do so only if you are at fault for the claim.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter B. Damage Waivers and Mandatory Charges › Section 91.054. Prohibited Representations and Coercion

Sec. 91.054.  PROHIBITED REPRESENTATIONS AND COERCION.  (a)  An employee or agent of a rental company may not:
(1)  make an oral or written representation that contradicts this chapter; or
(2)  use coercive language or a coercive act in an attempt to persuade a renter to purchase a damage waiver.
(b)  For purposes of this section, if the renter has declined the damage waiver, a further statement or question by the employee or agent that refers to the damage waiver, other than a statement made in conjunction with review of the rental agreement that the waiver has been declined, is considered coercive.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter B. Damage Waivers and Mandatory Charges › Section 91.055. Mandatory Charge

Sec. 91.055.  MANDATORY CHARGE.  (a)  A rental company that includes a mandatory charge in a rental agreement shall prominently display and fully disclose the charge:
(1)  separately on the face of the agreement; and
(2)  in all of the rental company's price advertising, price quotes, price offers, and price displays, including displays in computerized reservation systems.
(b)  A rental company may not impose or require the purchase of a damage waiver as a mandatory charge.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter B. Damage Waivers and Mandatory Charges › Section 91.056. Voiding of Damage Waiver

Sec. 91.056.  VOIDING OF DAMAGE WAIVER.  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.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter C. Enforcement Provisions › Section 91.101. Civil Penalty

Sec. 91.101.  CIVIL PENALTY.  A rental company that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter C. Enforcement Provisions › Section 91.102. Injunction

Sec. 91.102.  INJUNCTION.  A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 91 - Private Passenger Vehicle Rental Companies › Subchapter C. Enforcement Provisions › Section 91.103. Suit for Civil Penalty or Injunctive Relief

Sec. 91.103.  SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.  The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 91.101, injunctive relief under Section 91.102, or both.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter A. General Provisions › Section 92.001. Definitions

Sec. 92.001.  DEFINITIONS.  In this chapter:
(1)  "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement.
(2)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 516, Sec. 2, eff. September 1, 2013.
(3)  "Consumer" means an individual who leases personal property under a rental-purchase agreement.
(4)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 516, Sec. 2, eff. September 1, 2013.
(5)  "Loss damage waiver" means a merchant's agreement to not hold a consumer liable for loss from all or part of any damage to merchandise.
(6)  "Merchandise" means the personal property that is the subject of a rental-purchase agreement.
(7)  "Merchant" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement.  The term includes a person who is assigned an interest in a rental-purchase agreement.
(8)  "Rental-purchase agreement" means an agreement under which a consumer may use merchandise for personal, family, or household purposes for an initial period of four months or less, and that:
(A)  is automatically renewable with each payment after the initial period; and
(B)  permits the consumer to become the owner of the merchandise.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 516 (S.B. 289), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter A. General Provisions › Section 92.002. Advertisement Requirements

Sec. 92.002.  ADVERTISEMENT REQUIREMENTS.  An advertisement for a rental-purchase agreement that refers to or states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:
(1)  that the transaction advertised is a rental-purchase agreement;
(2)  the total amount and number of payments necessary to acquire ownership; and
(3)  that the consumer does not acquire ownership rights unless the merchandise is rented for a specified number of payment periods.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter B. Form and Content of Agreements › Section 92.051. Form of Agreement

Sec. 92.051.  FORM OF AGREEMENT.  (a)  A rental-purchase agreement must be written in:
(1)  plain English; and
(2)  any other language used by the merchant in an advertisement related to the agreement.
(b)  A numerical amount included in a rental-purchase agreement must be stated in figures.
(c)  A disclosure required by this chapter must be printed or typed in each rental-purchase agreement in a size equal to at least 10-point boldfaced type.
(d)  The attorney general shall provide a form agreement that may be used to satisfy the requirements of a rental-purchase agreement under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter B. Form and Content of Agreements › Section 92.052. Required Disclosures

Sec. 92.052.  REQUIRED DISCLOSURES.  (a)  A rental-purchase agreement must disclose:
(1)  whether the merchandise is new or used;
(2)  the price for which the merchant would have sold the merchandise to the consumer for cash on the date of the agreement;
(3)  the amount and timing of payments;
(4)  the total number of payments necessary and the total amount to be paid to acquire ownership of the merchandise;
(5)  that the consumer does not acquire ownership rights unless the consumer complies with the ownership terms of the agreement;
(6)  the amount and purpose of any payment, charge, or fee in addition to the regular periodic payments; and
(7)  whether the consumer is liable for loss or damage to the merchandise and, if so, the maximum amount for which the consumer may be liable.
(b)  Notice of the right to reinstate the agreement must be disclosed in the agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter B. Form and Content of Agreements › Section 92.053. Other Required Provisions

Sec. 92.053.  OTHER REQUIRED PROVISIONS.  A rental-purchase agreement must provide that:
(1)  any charge in addition to periodic payments must be reasonably related to the service performed; and
(2)  a consumer who fails to make a timely payment may reinstate an agreement, without losing any right or option previously acquired, by taking the required action before the later of:
(A)  one week after the due date of the payment; or
(B)  the number of days after the due date of the payment that is equal to half the number of days in a regular payment period.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter B. Form and Content of Agreements › Section 92.054. Prohibited Provisions

Sec. 92.054.  PROHIBITED PROVISIONS.  (a)  A rental-purchase agreement may not:
(1)  require a consumer to:
(A)  pay a late charge or reinstatement fee except as provided by Section 92.055(b);
(B)  make a payment at the end of the scheduled rental-purchase term in excess of or in addition to a regular periodic payment to acquire ownership of the merchandise; or
(C)  purchase insurance or a loss damage waiver from the merchant to cover the merchandise;
(2)  require a confession of judgment;
(3)  authorize a merchant or an agent of the merchant to commit a breach of the peace in repossessing merchandise; or
(4)  waive a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant.
(b)  A consumer may not in any event be required to pay a sum greater than the total amount to be paid to acquire ownership of the merchandise as disclosed under Section 92.052(a)(4).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter B. Form and Content of Agreements › Section 92.055. Restrictions on Late Charges and Reinstatement Fees

Sec. 92.055.  RESTRICTIONS ON LATE CHARGES AND REINSTATEMENT FEES.  (a)  Only one late charge or reinstatement fee may be collected on a payment regardless of the period during which the payment remains in default.
(b)  A rental-purchase agreement may require the consumer to pay a late charge or reinstatement fee only if:
(1)  a periodic payment is delinquent for more than:
(A)  seven days, if the payment is due monthly; or
(B)  three days, if the payment is due more frequently than monthly; and
(2)  the charge or fee is in an amount not less than $5 and not more than the lesser of:
(A)  $10; or
(B)  10 percent of the delinquent payment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter C. Repossession and Reinstatement › Section 92.101. Merchant's Repossession Right

Sec. 92.101.  MERCHANT'S REPOSSESSION RIGHT.  This chapter does not prevent a merchant from attempting repossession of merchandise during the reinstatement period.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter C. Repossession and Reinstatement › Section 92.102. Effect of Repossession During Reinstatement Period

Sec. 92.102.  EFFECT OF REPOSSESSION DURING REINSTATEMENT PERIOD.  A consumer's right to reinstate a rental-purchase agreement is not affected by the merchant's repossession of the merchandise during the reinstatement period.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter C. Repossession and Reinstatement › Section 92.103. Effect on Reinstatement Period of Merchandise Return

Sec. 92.103.  EFFECT ON REINSTATEMENT PERIOD OF MERCHANDISE RETURN.  If merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate the rental-purchase agreement is extended for a period of not less than 30 days after the date of return.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter C. Repossession and Reinstatement › Section 92.104. Merchant's Duties on Reinstatement

Sec. 92.104.  MERCHANT'S DUTIES ON REINSTATEMENT.  (a)  On reinstatement, the merchant shall provide the consumer with:
(1)  the same merchandise; or
(2)  substitute merchandise of comparable quality and condition.
(b)  A merchant who provides the consumer with substitute merchandise shall also provide the consumer with the disclosures required by Section 92.052(a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.151. Contract for Waiver

Sec. 92.151.  CONTRACT FOR WAIVER.  In addition to other charges permitted by this chapter, a consumer may contract for a loss damage waiver.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.152. Charge for Waiver

Sec. 92.152.  CHARGE FOR WAIVER.  A merchant may charge a periodic fee for a loss damage waiver in an amount not to exceed 10 percent of the periodic rental payment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.153. Restrictions on Merchant Concerning Waiver

Sec. 92.153.  RESTRICTIONS ON MERCHANT CONCERNING WAIVER.  A merchant may not:
(1)  sell a loss damage waiver unless:
(A)  the contract containing the waiver complies with this chapter; and
(B)  the consumer agrees to the waiver in writing; or
(2)  impose or require the purchase of a loss damage waiver as a mandatory charge.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 516 (S.B. 289), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.154. Required Notice in Waiver

Sec. 92.154.  REQUIRED NOTICE IN WAIVER.  A contract that offers a loss damage waiver must include the following notice:
"This contract offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the merchandise. You do not have to purchase this coverage. Before deciding whether or not to purchase this loss damage waiver, you may consider whether your homeowners' or casualty insurance policy affords you coverage for loss of or damage to rental merchandise and the amount of the deductible you would pay under your policy."
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.155. Statement of Total Charge

Sec. 92.155.  STATEMENT OF TOTAL CHARGE.  A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.156. Authorized Exclusions

Sec. 92.156.  AUTHORIZED EXCLUSIONS.  A loss damage waiver may exclude:
(1)  loss or damage to the merchandise that is caused by an unexplained disappearance or abandonment of the merchandise;
(2)  damage that is intentionally caused by the consumer; or
(3)  damage that results from the consumer's wilful or wanton misconduct.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter D. Loss Damage Waivers › Section 92.157. Relationship to Insurance

Sec. 92.157.  RELATIONSHIP TO INSURANCE.  A loss damage waiver is not insurance.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter E. Civil Enforcement › Section 92.201. Action for Violation of Chapter

Sec. 92.201.  ACTION FOR VIOLATION OF CHAPTER.  (a)  A consumer damaged by a merchant's violation of this chapter is entitled to recover from the merchant:
(1)  actual damages;
(2)  an amount equal to 25 percent of the total amount of payments required to obtain ownership of the merchandise, except that the amount recovered under this subdivision may not be less than $250 or more than $1,000; and
(3)  reasonable attorney's fees and court costs.
(b)  A merchant is not liable under this section for a violation of this chapter caused by the merchant's error if, subject to Subsection (c), the merchant:
(1)  provides the consumer written notice of the error; and
(2)  makes adjustments in the consumer's account as necessary to ensure:
(A)  the consumer will not be required to pay an amount in excess of the amount disclosed; and
(B)  the agreement otherwise complies with this chapter.
(c)  A merchant must take action under Subsection (b) before:
(1)  the 31st day after the date the merchant discovers the error; and
(2)  the merchant receives written notice of the error from the consumer or an action under this section is filed.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 92 - Rental-Purchase Agreements › Subchapter E. Civil Enforcement › Section 92.202. Deceptive Trade Practice

Sec. 92.202.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.001. Definitions

Sec. 93.001.  DEFINITIONS.  In this chapter:
(1)  "Customer" means a person who rents heavy equipment under a rental agreement.
(2)  "Heavy equipment" has the meaning assigned by Section 23.1241, Tax Code.
(3)  "Heavy equipment loss damage waiver" means a merchant's agreement to not hold a customer liable for loss from all or part of any damage to heavy equipment.
(4)  "Merchant" means a person who, in the ordinary course of business, regularly rents, offers to rent, or arranges for the rental of heavy equipment under a rental agreement.
(5)  "Rental agreement" means an agreement under which a customer pays a fee or other consideration to rent heavy equipment.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.002. Contract for Loss Damage Waiver

Sec. 93.002.  CONTRACT FOR LOSS DAMAGE WAIVER.  A customer may contract with a merchant for a heavy equipment loss damage waiver in connection with a rental agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.003. Restrictions on Merchant Concerning Waiver

Sec. 93.003.  RESTRICTIONS ON MERCHANT CONCERNING WAIVER.  A merchant may not:
(1)  sell a heavy equipment loss damage waiver unless:
(A)  the contract containing the waiver complies with this chapter; and
(B)  the customer agrees to the waiver in writing; or
(2)  impose or require the purchase of a heavy equipment loss damage waiver as a condition of entering into a rental agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.004. Required Notice

Sec. 93.004.  REQUIRED NOTICE.  A contract that offers a heavy equipment loss damage waiver must include the following notice:
"This contract offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the heavy equipment.  You do not have to purchase this coverage.  Before deciding whether to purchase this loss damage waiver, you may consider whether your insurance policies afford you coverage for loss of or damage to the heavy equipment rented and the amount of the deductible you would pay under your policies."
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.005. Statement of Total Charge

Sec. 93.005.  STATEMENT OF TOTAL CHARGE.  A heavy equipment loss damage waiver agreement must include a statement of the total charge for the waiver.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.006. Authorized Exclusions

Sec. 93.006.  AUTHORIZED EXCLUSIONS.  A heavy equipment loss damage waiver may exclude:
(1)  loss of or damage to the heavy equipment that is caused by an unexplained disappearance or abandonment of the heavy equipment;
(2)  damage that is intentionally caused by the customer; or
(3)  damage that results from the customer's wilful or wanton misconduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.007. Relationship to Insurance

Sec. 93.007.  RELATIONSHIP TO INSURANCE.  A heavy equipment loss damage waiver is not insurance.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.008. Civil Penalty

Sec. 93.008.  CIVIL PENALTY.  A merchant that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.009. Injunctive Relief

Sec. 93.009.  INJUNCTIVE RELIEF.  A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 93 - Loss Damage Waivers for Rental of Certain Heavy Equipment › Section 93.010. Suit for Civil Penalty or Injunctive Relief

Sec. 93.010.  SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.  The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 93.008, injunctive relief under Section 93.009, or both.
Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.001. Definitions

Sec. 94.001.  DEFINITIONS.  In this chapter:
(1)  "Excess wear and use waiver" means a provision of or addendum to a lease agreement under which the lessor agrees to not hold a lessee liable for all or part of the excess wear and use to a motor vehicle.
(2)  "Lease agreement" means an agreement, including any addendum to the agreement, entered into in this state under which a lessee pays a fee or other consideration to a lessor for the right to possession and use of a motor vehicle for a term of more than 180 days, regardless of whether the agreement provides the lessee an option to purchase or otherwise become the owner of the motor vehicle upon the expiration of the term of the agreement.
(3)  "Lessee" means an individual who acquires the right to possession and use of a motor vehicle under a lease agreement primarily for personal, family, or household purposes.
(4)  "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the lease of a motor vehicle under a lease agreement.  Unless the context clearly indicates otherwise, the term includes an assignee of the lessor.
(5)  "Motor vehicle" has the meaning assigned by Section 541.201, Transportation Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.002. Contract for Excess Wear and Use Waiver

Sec. 94.002.  CONTRACT FOR EXCESS WEAR AND USE WAIVER.  A lessee may contract with a lessor for an excess wear and use waiver in connection with a lease agreement.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.003. Restrictions on Lessor Concerning Excess Wear and Use Waiver

Sec. 94.003.  RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR AND USE WAIVER.  A lessor may not:
(1)  sell an excess wear and use waiver, unless:
(A)  the lease agreement containing the excess wear and use waiver complies with this chapter; and
(B)  the lessee agrees to the excess wear and use waiver in writing; or
(2)  impose or require the purchase of an excess wear and use waiver as a condition of entering into a lease agreement.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.004. Required Notice

Sec. 94.004.  REQUIRED NOTICE.  An excess wear and use waiver must be in writing and include a notice substantially similar to the following:
"This excess wear and use waiver is optional, is not a condition of leasing the vehicle, and is being provided for an additional charge to cover your responsibility for any excess wear and use to the leased vehicle."
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.005. Required Disclosures

Sec. 94.005.  REQUIRED DISCLOSURES.  A lease agreement that includes an excess wear and use waiver must disclose:
(1)  the total charge for the excess wear and use waiver; and
(2)  any exclusions or limitations on the amount of excess wear and use that may be waived under the excess wear and use waiver.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.006. Relationship to Insurance

Sec. 94.006.  RELATIONSHIP TO INSURANCE.  An excess wear and use waiver is not insurance.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.007. Civil Penalty

Sec. 94.007.  CIVIL PENALTY.  A lessor that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each violation.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.008. Injunctive Relief

Sec. 94.008.  INJUNCTIVE RELIEF.  A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle B - Rental Practices › Chapter 94 - Excess Wear and Use Waivers for Leases of Motor Vehicles › Section 94.009. Suit for Civil Penalty or Injunctive Relief

Sec. 94.009.  SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.  The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 94.007, injunctive relief under Section 94.008, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 649 (S.B. 1778), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 101 - International Matchmaking Organizations › Section 101.001. Definitions

Sec. 101.001.  DEFINITIONS.  In this chapter:
(1)  "Basic rights information" means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources.
(2)  "Client" means a person who is a resident of the United States and who contracts with an international matchmaking organization to meet recruits.
(3)  "Criminal history record information" means criminal history record information obtained from the Department of Public Safety under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.
(4)  "International matchmaking organization" means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to residents of this state dating, matrimonial, or social referral services involving recruits by:
(A)  exchanging names, telephone numbers, addresses, or statistics;
(B)  selecting photographs; or
(C)  providing a social environment for introducing clients to recruits in a country other than the United States.
(5)  "Marital history information" means a declaration of a person's current marital status, the number of times the person has been married, and whether any marriage occurred as a result of receiving services from an international matchmaking organization.
(6)  "Recruit" means a person who:
(A)  is not a citizen or resident of the United States; and
(B)  is recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 101 - International Matchmaking Organizations › Section 101.002. Providing Criminal History, Marital History, and Basic Rights Information

Sec. 101.002.  PROVIDING CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS INFORMATION.  (a)  An international matchmaking organization shall provide each recruit with the criminal history record information and marital history information of the organization's clients and with basic rights information.
(b)  The information under Subsection (a) must:
(1)  be in the recruit's native language; and
(2)  be displayed in a manner that:
(A)  separates the criminal history record information, the marital history information, and the basic rights information from any other information; and
(B)  is highly noticeable.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 101 - International Matchmaking Organizations › Section 101.003. Providing Additional Criminal History, Marital History, and Basic Rights Information

Sec. 101.003.  PROVIDING ADDITIONAL CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS INFORMATION.  (a)  An international matchmaking organization shall disseminate to a recruit the criminal history record information and marital history information of a client and the basic rights information not later than the 30th day after the date the organization receives the criminal history record information and the marital history information from the client.
(b)  The international matchmaking organization shall provide the information to the recruit in the recruit's native language.  The organization shall pay the costs incurred to translate the information.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 101 - International Matchmaking Organizations › Section 101.004. Obtaining Criminal History Record Information and Marital History Information

Sec. 101.004.  OBTAINING CRIMINAL HISTORY RECORD INFORMATION AND MARITAL HISTORY INFORMATION.  (a)  A client shall:
(1)  obtain a copy of the client's own criminal history record information;
(2)  provide the criminal history record information to the international matchmaking organization; and
(3)  provide the client's own marital history information to the international matchmaking organization.
(b)  The international matchmaking organization shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, and dissolutions that occurred in another state or a foreign country.
(c)  The international matchmaking organization may not provide any further services to the client or the recruit until the organization has:
(1)  obtained the requested criminal history record information and marital history information; and
(2)  provided the information to the recruit.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 101 - International Matchmaking Organizations › Section 101.005. Civil Penalty

Sec. 101.005.  CIVIL PENALTY.  (a)  An international matchmaking organization that violates this chapter is subject to a civil penalty not to exceed $20,000 for each violation.
(b)  In determining the amount of the civil penalty, the court shall consider:
(1)  any previous violations of this chapter by the international matchmaking organization;
(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(3)  the demonstrated good faith of the international matchmaking organization; and
(4)  the amount necessary to deter future violations.
(c)  The attorney general or the appropriate district or county attorney may bring an action under this section in the name of the state in a district court in:
(1)  Travis County; or
(2)  a county in which any part of the violation occurs.
(d)  A penalty collected under this section by the attorney general or a district or county attorney shall be deposited in the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B, Code of Criminal Procedure.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.01, eff. January 1, 2021.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter A. Restriction on Owners, Operators, Managers, or Employees of Sexually Oriented Businesses › Section 102.001. Definitions

Sec. 102.001.  DEFINITIONS.  In this subchapter:
(1)  "Sex offender" means a person who has been convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under Chapter 62, Code of Criminal Procedure.
(2)  "Sexually oriented business" has the meaning assigned by Section 243.002, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.003(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 102 - Sexually Oriented Businesses › Subchapter A. Restriction on Owners, Operators, Managers, or Employees of Sexually Oriented Businesses › Section 102.002. Prohibition on Certain Activities by Sex Offender in Relation to Business

Sec. 102.002.  PROHIBITION ON CERTAIN ACTIVITIES BY SEX OFFENDER IN RELATION TO BUSINESS.  A sex offender may not:
(1)  wholly or partly own a sexually oriented business; or
(2)  serve as a director, officer, operator, manager, or employee of a sexually oriented business.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.