Tex. Business & Commerce Code § 17.42
This is the official text of Tex. Business & Commerce Code § 17.42, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 17.42.
Official statutory text
Sec. 17.42. WAIVERS: PUBLIC POLICY. (a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if:
(1) the waiver is in writing and is signed by the consumer;
(2) the consumer is not in a significantly disparate bargaining position; and
(3) the consumer is represented by legal counsel in seeking or acquiring the goods or services.
(b) A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.
(c) A waiver under this section must be:
(1) conspicuous and in bold-face type of at least 10 points in size;
(2) identified by the heading "Waiver of Consumer Rights," or words of similar meaning; and
(3) in substantially the following form:
(d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.
(e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47.
(1) the waiver is in writing and is signed by the consumer;
(2) the consumer is not in a significantly disparate bargaining position; and
(3) the consumer is represented by legal counsel in seeking or acquiring the goods or services.
(b) A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.
(c) A waiver under this section must be:
(1) conspicuous and in bold-face type of at least 10 points in size;
(2) identified by the heading "Waiver of Consumer Rights," or words of similar meaning; and
(3) in substantially the following form:
(d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.
(e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47.
Status: in_force · Read it on the official government site
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