Texas Business and Commerce Code 113.0101 – Required Disclosures and Notice
(a) Each agreement entered into in this state must disclose to the owner and the driver:
(1) any right of the peer-to-peer car sharing program to seek indemnification from the owner or driver for economic loss sustained by the program resulting from a breach of the agreement;
(2) that an automobile insurance policy issued to the owner for the shared vehicle or to the driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
(3) that the peer-to-peer car sharing program’s insurance coverage on the owner and the driver is in effect only during each car sharing period;
(4) that, for any use of the shared vehicle by the driver after the termination time, the owner and driver may not have insurance coverage;
(5) the daily rate, fees, and, if applicable, any insurance costs that are charged to the owner or driver;
(6) that the owner’s automobile insurance may not provide coverage for a shared vehicle;
(7) an emergency telephone number through which personnel capable of fielding roadside assistance and other customer service inquiries may be reached; and
(8) if applicable, any condition under which a driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis to book a shared vehicle.
(b) When a person registers as an owner on a peer-to-peer car sharing program and before the owner makes a shared vehicle available for car sharing on the program, the program shall provide written notice to the owner that, if the shared vehicle has a lien against it, the shared vehicle’s use through the program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
Terms Used In Texas Business and Commerce Code 113.0101
- Contract: A legal written agreement that becomes binding when signed.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005