Title BC, Business and Commerce Code

Sec. 113.0051. ASSUMPTION OF LIABILITY BY PEER-TO-PEER CAR SHARING PROGRAM. (a) Except as provided by Subsection (b), a peer-to-peer car sharing program shall assume liability of an owner for bodily injury or property damage to third parties or uninsured or underinsured motorist …

Sec. 113.0052. INSURANCE REQUIRED. (a) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the owner and the driver are insured under an automobile liability insurance policy that meets the requirements of this subchapter. (b) Insurance maintaine…

Sec. 113.0053. AUTOMOBILE INSURANCE POLICY EXCLUSIONS. An automobile insurer may exclude any coverage and the duty to defend or indemnify for any claim afforded under an owner's automobile insurance policy during a car sharing period, including an exclusion of: (1) liability cove…

Sec. 113.0054. CLAIMS RELATED TO PEER-TO-PEER CAR SHARING. (a) An insurer or peer-to-peer car sharing program providing coverage under Section 113.0052(a) shall assume primary liability for a claim when: (1) a dispute exists as to who was in control of the shared vehicle at the t…

Sec. 113.0055. VICARIOUS LIABILITY. Notwithstanding any other law, a peer-to-peer car sharing program and an owner are not liable under a theory of vicarious liability in accordance with 49 U.S.C. Section 30106 or under any state or local law that imposes liability solely based o…

Sec. 113.0056. CONTRIBUTION. An automobile insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the insurer's policy may seek recovery against the peer-to-peer car sharing program's automobile insurer if the claim is: (1) made a…

Sec. 113.0057. INSURABLE INTEREST. (a) Notwithstanding any other law, a peer-to-peer car sharing program has an insurable interest in a shared vehicle during the car sharing period. (b) Nothing in this section creates a duty on a peer-to-peer car sharing program to maintain the c…

Sec. 113.0058. INSURANCE REQUIREMENTS. (a) An insurance policy providing coverage described by Section 113.0057(c)(2) or (4) must expressly provide liability coverage, without prior notice to the insurer, for all shared vehicles during the car sharing period, subject to any condi…

Sec. 113.0101. REQUIRED DISCLOSURES AND NOTICE. (a) Each agreement entered into in this state must disclose to the owner and the driver: (1) any right of the peer-to-peer car sharing program to seek indemnification from the owner or driver for economic loss sustained by the progr…

Sec. 113.0102. AUTHORIZATION TO DRIVE REQUIRED. A peer-to-peer car sharing program may not enter into an agreement with a driver unless the driver who will operate the shared vehicle: (1) is a resident of this state and holds a driver's license issued by this state that authorize…

Sec. 113.0103. RECORD RETENTION. (a) A peer-to-peer car sharing program shall keep and maintain a record of: (1) the name and address of each driver who has entered into an agreement with the program; and (2) the driver's license number and place of issuance of each driver and in…

Sec. 113.0104. RESPONSIBILITY FOR CAR SHARING EQUIPMENT. (a) A peer-to-peer car sharing program is solely responsible for any equipment, including a global positioning system device or other special equipment, placed in or on a shared vehicle used under the program to monitor or …

Sec. 113.0105. AUTOMOBILE SAFETY RECALL. (a) When a person registers as an owner on a peer-to-peer car sharing program and before the owner makes a shared vehicle available for car sharing on the program, the program shall: (1) verify that the vehicle does not have a safety recal…