Tex. Business & Commerce Code § 91.056
VOIDING OF DAMAGE WAIVER
Texas · Texas Business & Commerce Code · Status: effective
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- Citation
- Tex. Business & Commerce Code § 91.056, VOIDING OF DAMAGE WAIVER, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/630873
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Full text
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 driver;
(ii) while under the influence of an intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; or
(iii) while engaged in commission of a crime other than a traffic infraction;
(B) to carry persons or property for hire;
(C) to push or tow anything;
(D) for driver's training;
(E) to engage in a speed contest; or
(F) outside the continental United States, unless the rental agreement specifically authorizes the use;
(3) the rental company entered into the rental transaction based on fraudulent information supplied by the renter; or
(4) the vehicle is stolen and the renter fails to:
(A) return the vehicle's ignition key to the rental company;
(B) file a report with law enforcement not later than 24 hours after the renter discovers the theft; and
(C) cooperate with the rental company and any law enforcement agency or other authority investigating the stolen vehicle in all matters relating to the investigation of the stolen vehicle.