| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
EltifeX |
|
|
CreightonX |
|
|
EllisX |
|
|
HuffinesX |
|
|
SchwertnerX |
|
|
SeligerX |
|
|
TaylorofGalvestonX |
|
|
WatsonX |
|
|
WhitmireX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to loss damage waivers in connection with the rental of |
|
|
certain heavy equipment; providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 5, Business & Commerce Code, is |
|
|
amended by adding Chapter 93 to read as follows: |
|
|
CHAPTER 93. LOSS DAMAGE WAIVERS FOR RENTAL OF CERTAIN HEAVY |
|
|
EQUIPMENT |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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." |
|
|
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. |
|
|
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. |
|
|
Sec. 93.007. RELATIONSHIP TO INSURANCE. A heavy equipment |
|
|
loss damage waiver is not insurance. |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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 September 1, 2015. |
|
|
|
|
|
* * * * * |