Title BC, Business and Commerce Code

Sec. 74.008. APPLICABILITY. This chapter does not limit business support services that may be provided to an optometrist by a vision support organization, to the extent permitted under Section 351.408, Occupations Code. Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec…

Sec. 74.009. LIMITATION ON OPTOMETRY BOARD RULEMAKING. The Texas Optometry Board may not adopt any rule limiting the right of an optometrist to contract with a vision support organization for business support services that are otherwise legally permissible. Added by Acts 2023, 88…

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) satis…

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.…

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 c…

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 i…

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 da…

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,…

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…

Sec. 91.057. REFUND OF DAMAGE WAIVER CHARGE. A rental company shall issue to a renter a refund of any damage waiver charges charged or collected for a period that exceeds the number of calendar days a damage waiver is in effect if: (1) the renter returns a rented motor vehicle be…

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.

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, 2…

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…

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"…

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 transacti…

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 fi…

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 p…

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 lo…

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 addit…

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 la…

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.

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. 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 af…

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 s…

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.

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.

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 l…

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 h…

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.

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 t…

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. SUBCHAPTER E. CIVIL ENFORCEMENT

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 merch…

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.

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 h…

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.

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…

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. Yo…

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.

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)…

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.

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.

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. Septem…

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…

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 a…

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…

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 …