Tex. Bus. & Com. Code Section 91.056
Voiding of Damage Waiver

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; or

(3)

the rental company entered into the rental transaction based on fraudulent information supplied by the renter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 91.056 — Voiding of Damage Waiver, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­91.­htm#91.­056 (accessed May 26, 2025).

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May 26, 2025

§ 91.056. Voiding of Damage Waiver's source at texas​.gov