By: Carona S.B. No. 289
(Schaefer)
A BILL TO BE ENTITLED
AN ACT
relating to the approval requirement for a rental-purchase
agreement that includes a loss damage waiver provision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.153, Business & Commerce Code, is
amended to read as follows:
Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A
merchant may not:
(1) sell a loss damage waiver unless:
(A) [the department has approved the form of] 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 loss damage
waiver as a mandatory charge.
SECTION 2. Subdivisions (2) and (4), Section 92.001, and
Sections 92.158, 92.159, and 92.160, Business & Commerce Code, are
repealed.
SECTION 3. (a) An administrative proceeding pending on the
effective date of this Act that is related to a complaint filed
under Section 92.160, Business & Commerce Code, as that section
existed immediately before the effective date of this Act, is
dismissed.
(b) An administrative penalty assessed under Chapter 92,
Business & Commerce Code, as that chapter existed immediately
before the effective date of this Act, and Chapter 51, Occupations
Code, may be collected as provided by Chapter 51, Occupations Code.
(c) The Texas Department of Licensing and Regulation shall
return a prorated portion of the fee paid by a merchant to the
department under Section 92.159, Business & Commerce Code, as that
section existed immediately before the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2013.