1-1                                   AN ACT
 1-2     relating to rental car damage waivers; providing a penalty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 20, Title 132, Revised Statutes, is
 1-5     amended by adding Article 9026c to read as follows:
 1-6           Art. 9026c.  RENTAL CAR DAMAGE WAIVER
 1-7           Sec. 1.  DEFINITIONS.  In this article:
 1-8                 (1)  "Rental company" means a person or other entity
 1-9     that is in the business of renting private passenger vehicles to
1-10     the public for 30 days or less.  The term does not include an
1-11     individual or other entity who holds a license issued by the Motor
1-12     Vehicle Board of the Texas Department of Transportation under the
1-13     Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
1-14     Texas Civil Statutes) and whose primary business activity is not
1-15     the renting of private passenger automobiles.
1-16                 (2)  "Renter" means a person or other entity that
1-17     obtains the use of a private passenger vehicle from a rental
1-18     company under terms of a rental agreement.
1-19                 (3)  "Rental agreement" means an agreement for 30 days
1-20     or less setting forth the terms and conditions governing the use of
1-21     a private passenger vehicle provided by a rental company.
1-22                 (4)  "Damage" means damage to or loss of a rented
1-23     vehicle, including theft and loss of use, and any cost or expense
1-24     incident to the damage or loss, including storage, impound, towing,
 2-1     and administrative charges, regardless of fault involved in the
 2-2     damage or loss.
 2-3                 (5)  "Private passenger vehicle" means a motor vehicle
 2-4     of the private passenger type, including a passenger van, that is
 2-5     primarily intended for private use.
 2-6                 (6)  "Authorized driver" means:
 2-7                       (A)  the renter;
 2-8                       (B)  the renter's spouse if the spouse is a
 2-9     licensed driver and satisfies the rental company's minimum age
2-10     requirement;
2-11                       (C)  the renter's employer, employee, or coworker
2-12     if the person is a licensed driver, satisfies the rental company's
2-13     minimum age requirement, and at the time of the rental is engaged
2-14     in a business activity with the renter;
2-15                       (D)  any person who is expressly listed by the
2-16     rental company on the rental agreement as an authorized driver; and
2-17                       (E)  any person driving directly to a medical or
2-18     police facility under circumstances reasonably believed to
2-19     constitute an emergency and who is a licensed driver.
2-20                 (7)  "Damage waiver" means a rental company's agreement
2-21     not to hold an authorized driver liable for all or a part of any
2-22     damage to a rented vehicle.
2-23           Sec. 2.  PROHIBITED PRACTICES.  (a)  A rental company may not
2-24     sell a damage waiver unless the renter agrees to the damage waiver
2-25     in writing at or before the time the rental agreement is executed.
2-26           (b)  A rental company may not void a damage waiver except for
2-27     one or more of the following reasons:
 3-1                 (1)  the damage is caused intentionally by an
 3-2     authorized driver or as a result of wilful and wanton misconduct of
 3-3     an authorized driver;
 3-4                 (2)  the damage arises out of the use of the vehicle
 3-5     while under the influence of alcohol, illegal drugs, a controlled
 3-6     substance, or any other intoxicant that impairs driving ability;
 3-7                 (3)  the rental company entered into the rental
 3-8     transaction based on fraudulent information supplied by the renter;
 3-9                 (4)  the damage arises out of the use of the vehicle
3-10     while engaged in the commission of a crime other than a traffic
3-11     infraction;
3-12                 (5)  the damage arises out of the use of the vehicle to
3-13     carry persons or property for hire, to push or tow anything, to
3-14     engage in a speed contest, or for driver's training;
3-15                 (6)  the damage arises out of the use of the vehicle by
3-16     a person other than an authorized driver; or
3-17                 (7)  the damage arises out of the use of the vehicle
3-18     outside the continental United States and the use is not
3-19     specifically authorized by the rental agreement.
3-20           Sec. 3.  DISCLOSURE NOTICE REQUIREMENTS.  (a)  A rental
3-21     company shall provide each renter who purchases a damage waiver
3-22     that is not included in the base rental rate the following
3-23     disclosure notice, which must be in at least 10-point type:
3-24           NOTICE:  Your rental agreement offers, for an
3-25           additional charge, an optional waiver to cover all or a
3-26           part of your responsibility for damage to or loss of
3-27           the vehicle.  Before deciding whether to purchase the
 4-1           waiver, you may wish to determine whether your own
 4-2           automobile insurance or credit card agreement provides
 4-3           you coverage for rental vehicle damage or loss and
 4-4           determine the amount of the deductible under your own
 4-5           insurance coverage.  The purchase of the waiver is not
 4-6           mandatory.  The waiver is not insurance.
 4-7           (b)  In addition to the notice provided to each renter who
 4-8     purchases a damage waiver, a rental company shall post in a
 4-9     conspicuous location where the waiver is being offered the
4-10     following notice:
4-11             Notice to Texas Residents Regarding Damage Waivers
4-12           The Texas personal automobile insurance policy provides
4-13           coverage with NO DEDUCTIBLE for the legal liabilities
4-14           of the policyholder in connection with the loss of or
4-15           damage to a rented vehicle, except for damages caused
4-16           intentionally, up to the maximum of the property damage
4-17           limits under your liability coverage.  If you file a
4-18           claim under your personal automobile insurance policy,
4-19           your insurance company may choose to nonrenew your
4-20           policy at your renewal date, but may do so only if you
4-21           are at fault for the claim.
4-22           Sec. 4.  MANDATORY CHARGES.  (a)  In this section, "mandatory
4-23     charge" means any charge, surcharge, or fee in addition to the base
4-24     rental rate for an item or service provided in connection with a
4-25     rental transaction that the renter does not have the option of
4-26     avoiding or declining and that is not otherwise imposed by law.
4-27           (b)  A rental agreement containing a mandatory charge must
 5-1     prominently display and fully disclose the charge:
 5-2                 (1)  separately on the face of the agreement; and
 5-3                 (2)  in all of the rental company's price advertising,
 5-4     price displays, price quotes, and price offers, including displays
 5-5     in computerized reservation systems.
 5-6           (c)  A rental company may not impose or require the purchase
 5-7     of a damage waiver as a mandatory charge.
 5-8           Sec. 5.  PROHIBITED REPRESENTATIONS.  No oral or written
 5-9     representations shall be made by any employee or agent of the
5-10     rental company which contradict the provisions of this article.  No
5-11     coercive language or action shall be used by any employee or agent
5-12     of the rental company in an attempt to persuade a renter to
5-13     purchase the damage waiver.  For the purposes of this section, if
5-14     the renter has declined the damage waiver, further statements or
5-15     questions by an employee or agent of the rental company making
5-16     reference to the damage waiver, other than a statement that the
5-17     waiver has been declined made in conjunction with a review of the
5-18     rental agreement, shall be deemed coercive.
5-19           Sec. 6.  PENALTY.  (a)  A rental company that violates this
5-20     article is subject to a civil penalty in an amount of at least $500
5-21     and not to exceed $1,000 for each act of violation.
5-22           (b)  A county or district attorney or the attorney general
5-23     may institute and conduct a suit in the name of the state to
5-24     recover the civil penalty, injunctive relief, or both the civil
5-25     penalty and injunctive relief.
5-26           (c)  Any person or entity injured or threatened with injury
5-27     by a violation of this article may seek injunctive relief against
 6-1     any company or person who violates or threatens to violate this
 6-2     article.
 6-3           SECTION 2.  Article 9026, Revised Statutes, is repealed.
 6-4           SECTION 3.  The change in law made by this Act applies only
 6-5     to  a rental agreement entered on or after the effective date of
 6-6     this Act.  A rental agreement entered before the effective date of
 6-7     this Act is governed by the law in effect when the rental agreement
 6-8     was entered, and the former law is continued in effect for that
 6-9     purpose.
6-10           SECTION 4.  This Act takes effect September 1, 1999.
6-11           SECTION 5.  The importance of this legislation and the
6-12     crowded condition of the calendars in both houses create an
6-13     emergency and an imperative public necessity that the
6-14     constitutional rule requiring bills to be read on three several
6-15     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3091 was passed by the House on April
         27, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3091 on May 19, 1999, by a non-record
         vote; and that the House adopted H.C.R. No. 297 authorizing certain
         corrections in H.B. No. 3091 on May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3091 was passed by the Senate, with
         amendments, on May 17, 1999, by the following vote:  Yeas 30, Nays
         0; and that the Senate adopted H.C.R. No. 297 authorizing certain
         corrections in H.B. No. 3091 on May 26, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor