Texas 2025 89th Regular

Texas House Bill HB1395 House Committee Report / Bill

Filed 04/01/2025

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                    89R18717 BCH-F
 By: Lujan H.B. No. 1395
 Substitute the following for H.B. No. 1395:
 By:  Button C.S.H.B. No. 1395




 A BILL TO BE ENTITLED
 AN ACT
 relating to the regulation of private passenger vehicle rental
 companies.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 91.001(6) and (7), Business & Commerce
 Code, are amended to read as follows:
 (6)  "Rental agreement" means an agreement for 180 [30]
 days or less that states the terms governing the use of a private
 passenger vehicle rented by a rental company.
 (7)  "Rental company" means a person in the business of
 renting private passenger vehicles to the public for 180 [30] days
 or less.  The term does not include a person who holds a license
 under Chapter 2301, Occupations Code, and whose primary business
 activity is not renting private passenger vehicles.
 SECTION 2.  Subchapter B, Chapter 91, Business & Commerce
 Code, is amended by adding Section 91.057 to read as follows:
 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 before
 the anticipated return date; or
 (2)  the damage waiver is not in effect for the entire
 period of the rental agreement because the renter cancels the
 damage waiver before the anticipated return date, and the rental
 company confirms that the rented motor vehicle was not damaged
 before the damage waiver's cancellation.
 SECTION 3.  The changes in law made by this Act apply 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 on the date the contract
 was entered into, and the former law is continued in effect for that
 purpose.
 SECTION 4.  This Act takes effect September 1, 2025.