Texas § BC.91.001 - DEFINITIONS

§ BC.91.001. DEFINITIONS

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) satisfies any minimum age requirement established by the rental company; (D) an employer, employee, or coworker of the renter if the person: (i) holds a driver's license; (ii) satisfies any minimum age requirement established by the rental company; and (iii) is engaged in a business activity with the renter at the time of the rental; or (E) a person who: (i) holds a driver's license; and (ii) is driving directly to a medical or police facility under circumstances reasonably believed to constitute an emergency. (2) "Damage" means damage to or loss of a rented vehicle, regardless of fault involved in the damage or loss. The term includes: (A) theft and loss of use; and (B) any cost incident to the damage or loss, including storage, impound, towing, and administrative charges. (3) "Damage waiver" means a rental company's agreement not to hold an authorized driver liable for all or part of any damage to a rented vehicle. (4) "Mandatory charge" means a charge for an item or service provided in connection with a rental transaction, other than a charge imposed by law: (A) that is in addition to the base rental rate; and (B) that the renter may not avoid or decline. (5) "Private passenger vehicle" means a motor vehicle of the private passenger type, including a passenger van, primarily intended for private use. (6) "Rental agreement" means an agreement for 180 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 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. (8) "Renter" means a person who obtains use of a private passenger vehicle from a rental company under a rental agreement. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278 ), Sec. 2.01, eff. April 1, 2009. Amended by: Acts 2025, 89th Leg., R.S., Ch. 176 (S.B. 72 ), Sec. 1, eff. September 1, 2025. SUBCHAPTER B. DAMAGE WAIVERS AND MANDATORY CHARGES