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HB 2052 would allow a customer to contract with a merchant for a heavy equipment loss damage waiver in connection with a rental agreement for heavy equipment.
A merchant would not be allowed to sell a heavy equipment loss damage waiver unless it's in compliance with the provisions of HB 2052 and the customer agrees to the waiver in writing nor can they impose or require the purchase of the loss damage waiver as a condition of entering into a rental agreement. The waiver may exclude loss of or damage to the heavy equipment that is caused by an unexplained disappearance or abandonment of the heavy equipment, damage that is intentionally caused by the customer, or damage that results from the customer’s willful or wanton misconduct. The loss damage waiver would not count as insurance.
A merchant that violates the provisions of HB 2052 is liable for a civil penalty in an amount of not less than
$500 or more than $1,000 for each act of violation.
A person injured or threatened with injury by a violation of HB 2052's provisions may seek injunctive relief against the person committing or threatening to commit the violation. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 93.008, injunctive relief under Section 93.009, or both.
Current law does not provide for the use of a damage waiver in connection with heavy equipment rental. HB 2052 would not require the use of heavy equipment loss damage waivers by merchants it simply provides a framework so that such waivers may be used between two willing parties if they so choose. For expanding consumer options we support this legislation on individual liberty grounds.
The second chamber sponsor is Senator Seliger.