Texas 2015 - 84th Regular

Texas House Bill HB2052 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bohac (Senate Sponsor - Seliger) H.B. No. 2052
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	April 23, 2015, read first time and referred to Committee on
4		-	Business and Commerce; May 12, 2015, reported favorably by the
5		-	following vote: Yeas 7, Nays 0; May 12, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2052
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	EltifeX
12		-	CreightonX
13		-	EllisX
14		-	HuffinesX
15		-	SchwertnerX
16		-	SeligerX
17		-	TaylorofGalvestonX
18		-	WatsonX
19		-	WhitmireX
20		-	A BILL TO BE ENTITLED
21	4		AN ACT
22	5		relating to loss damage waivers in connection with the rental of
23	6		certain heavy equipment; providing penalties.
24	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
25	8		SECTION 1. Subtitle B, Title 5, Business & Commerce Code, is
26	9		amended by adding Chapter 93 to read as follows:
27	10		CHAPTER 93. LOSS DAMAGE WAIVERS FOR RENTAL OF CERTAIN HEAVY
28	11		EQUIPMENT
29	12		Sec. 93.001. DEFINITIONS. In this chapter:
30	13		(1) "Customer" means a person who rents heavy
31	14		equipment under a rental agreement.
32	15		(2) "Heavy equipment" has the meaning assigned by
33	16		Section 23.1241, Tax Code.
34	17		(3) "Heavy equipment loss damage waiver" means a
35	18		merchant's agreement to not hold a customer liable for loss from all
36	19		or part of any damage to heavy equipment.
37	20		(4) "Merchant" means a person who, in the ordinary
38	21		course of business, regularly rents, offers to rent, or arranges
39	22		for the rental of heavy equipment under a rental agreement.
40	23		(5) "Rental agreement" means an agreement under which
41	24		a customer pays a fee or other consideration to rent heavy
42	25		equipment.
43	26		Sec. 93.002. CONTRACT FOR LOSS DAMAGE WAIVER. A customer
44	27		may contract with a merchant for a heavy equipment loss damage
45	28		waiver in connection with a rental agreement.
46	29		Sec. 93.003. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A
47	30		merchant may not:
48	31		(1) sell a heavy equipment loss damage waiver unless:
49	32		(A) the contract containing the waiver complies
50	33		with this chapter; and
51	34		(B) the customer agrees to the waiver in writing;
52	35		or
53	36		(2) impose or require the purchase of a heavy
54	37		equipment loss damage waiver as a condition of entering into a
55	38		rental agreement.
56	39		Sec. 93.004. REQUIRED NOTICE. A contract that offers a
57	40		heavy equipment loss damage waiver must include the following
58	41		notice:
59	42		"This contract offers an optional loss damage waiver for an
60	43		additional charge to cover your responsibility for loss of or
61	44		damage to the heavy equipment. You do not have to purchase this
62	45		coverage. Before deciding whether to purchase this loss damage
63	46		waiver, you may consider whether your insurance policies afford you
64	47		coverage for loss of or damage to the heavy equipment rented and the
65	48		amount of the deductible you would pay under your policies."
66	49		Sec. 93.005. STATEMENT OF TOTAL CHARGE. A heavy equipment
67	50		loss damage waiver agreement must include a statement of the total
68	51		charge for the waiver.
69	52		Sec. 93.006. AUTHORIZED EXCLUSIONS. A heavy equipment loss
70	53		damage waiver may exclude:
71	54		(1) loss of or damage to the heavy equipment that is
72	55		caused by an unexplained disappearance or abandonment of the heavy
73	56		equipment;
74	57		(2) damage that is intentionally caused by the
75	58		customer; or
76	59		(3) damage that results from the customer's wilful or
77	60		wanton misconduct.
78	61		Sec. 93.007. RELATIONSHIP TO INSURANCE. A heavy equipment
79	62		loss damage waiver is not insurance.
80	63		Sec. 93.008. CIVIL PENALTY. A merchant that violates this
81	64		chapter is liable for a civil penalty in an amount of not less than
82	65		$500 or more than $1,000 for each act of violation.
83	66		Sec. 93.009. INJUNCTIVE RELIEF. A person injured or
84	67		threatened with injury by a violation of this chapter may seek
85	68		injunctive relief against the person committing or threatening to
86	69		commit the violation.
87	70		Sec. 93.010. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.
88	71		The attorney general or a county or district attorney may bring an
89	72		action in the name of the state for a civil penalty under Section
90	73		93.008, injunctive relief under Section 93.009, or both.
91	74		SECTION 2. The change in law made by this Act applies only
92	75		to a rental agreement entered into on or after the effective date of
93	76		this Act. A rental agreement entered into before the effective date
94	77		of this Act is governed by the law in effect when the rental
95	78		agreement was entered into, and the former law is continued in
96	79		effect for that purpose.
97	80		SECTION 3. This Act takes effect September 1, 2015.
98		-	* * * * *
	81	+	______________________________ ______________________________
	82	+	President of the Senate Speaker of the House
	83	+	I certify that H.B. No. 2052 was passed by the House on April
	84	+	16, 2015, by the following vote: Yeas 145, Nays 1, 2 present, not
	85	+	voting.
	86	+	______________________________
	87	+	Chief Clerk of the House
	88	+	I certify that H.B. No. 2052 was passed by the Senate on May
	89	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	90	+	______________________________
	91	+	Secretary of the Senate
	92	+	APPROVED: _____________________
	93	+	Date
	94	+	_____________________
	95	+	Governor