Sec. 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; (3) the rental company entered into the rental transaction based on fraudulent information supplied by the renter; or (4) the vehicle is stolen and the renter fails to: (A) return the vehicle's ignition key to the rental company; (B) file a report with law enforcement not later than 24 hours after the renter discovers the theft; and (C) cooperate with the rental company and any law enforcement agency or other authority investigating the stolen vehicle in all matters relating to the investigation of the stolen vehicle.
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