87(R) HB 113 - Enrolled version - Bill Text

	H.B.  No.  113

	AN ACT
	relating to peer-to-peer car sharing programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Subtitle C, Title 5, Business & Commerce Code, is
	amended by adding Chapter 113 to read as follows:
	CHAPTER 113. PEER-TO-PEER CAR SHARING PROGRAMS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec.  113.0001.    DEFINITIONS. In this chapter:
	(1)    "Agreement" means the terms and conditions
	applicable to an owner and driver that govern the use of a shared
	vehicle through a peer-to-peer car sharing program. The term does
	not include a rental agreement as defined by Section 91.001.
	(2)    "Car sharing period" means the period of time
	beginning with the delivery period or, if there is no delivery
	period, the start time and ending at the termination time.
	(3)    "Delivery period" means the period of time during
	which a shared vehicle is being delivered to the location of the
	start time, if applicable, under the agreement.
	(4)    "Driver" means an individual who has been
	authorized to drive the shared vehicle by the vehicle's owner under
	an agreement.
	(5)    "Owner" means the registered owner, or a person or
	entity designated by the registered owner, of a vehicle made
	available for sharing to drivers through a peer-to-peer car sharing
	program.
	(6)    "Peer-to-peer car sharing" means the authorized
	use of a vehicle by an individual other than the vehicle's owner
	through a peer-to-peer car sharing program. The term does not
	include the use of a private passenger vehicle from a rental company
	under the terms of a rental agreement as those terms are defined by
	Section 91.001.
	(7)    "Peer-to-peer car sharing program" means a
	business platform that connects owners with drivers to enable
	vehicle sharing for financial consideration. The term does not
	include:
	(A)    a service provider who is solely providing
	hardware or software as a service to a person or entity that is not
	effectuating payment of financial consideration for use of a shared
	vehicle; and
	(B)    a rental company as defined by Section
	91.001.
	(8)    "Shared vehicle" means a vehicle that is available
	for sharing through a peer-to-peer car sharing program. The term
	does not include the use of a private passenger vehicle from a
	rental company under the terms of a rental agreement as those terms
	are defined by Section 91.001.
	(9)    "Start time" means the time when the shared
	vehicle becomes subject to the control of the driver at or after the
	time the reservation of a shared vehicle is scheduled to begin under
	the agreement.
	(10)    "Termination time" means the earliest of:
	(A)    the expiration of the period of time
	established for the use of a shared vehicle according to the
	agreement if the shared vehicle is returned to the location
	specified in the agreement;
	(B)    the time when the shared vehicle is returned
	to a location as alternatively agreed on by the owner and driver as
	communicated through a peer-to-peer car sharing program and which
	alternatively agreed on location is thereby incorporated into the
	agreement; or
	(C)    the time when the owner or owner's authorized
	designee takes possession and control of the shared vehicle.
	Sec.  113.0002.    APPLICABILITY OF CHAPTER. This chapter
	applies to automobile insurance policies in this state, including
	policies issued by a Lloyd's plan, a reciprocal or interinsurance
	exchange, or a county mutual insurance company.
	Sec.  113.0003.    CONSTRUCTION OF CHAPTER. Nothing in this
	chapter may be construed to:
	(1)    limit the liability of a peer-to-peer car sharing
	program for any act or omission of the program itself that results
	in injury to a person as a result of the use of a shared vehicle
	through the program;
	(2)    limit the ability of a peer-to-peer car sharing
	program to, by contract, seek indemnification from the owner or