79R2222 CLG-F
By: Solomons H.B. No. 1091
A BILL TO BE ENTITLED
AN ACT
relating to notice regarding rental car damage waivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(b), Article 9026c, Revised Statutes,
is amended to read as follows:
(b) In addition to the notice provided to each renter who
purchases a damage waiver, a rental company shall post in a
conspicuous location where the waiver is being offered the
following notice:
Notice to Texas Residents Regarding Damage Waivers
Your personal automobile insurance policy may or may
not provide coverage for your liabilities in
connection with the loss of or damage to a rented
vehicle. 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. [The Texas personal
automobile insurance policy provides coverage with NO
DEDUCTIBLE for the legal liabilities of the
policyholder in connection with the loss of or damage
to a rented vehicle, except for damages caused
intentionally, up to the maximum of the property
damage limits under your liability coverage.] 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.
SECTION 2. The change in law made by this Act applies only
to a rental agreement entered into on or after the effective date of
this Act. A rental agreement entered into before the effective date
of this Act is governed by the law in effect when the rental
agreement was entered into, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.