1. (a) A consumer may modify or waive the right to rescind the deadlines for disclosures before the execution of the contract if the consumer determines that the purchase transaction is needed to meet a bona fide emergency. To modify or waive the right, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods, and bears the signature of all the consumers entitled to the disclosures and right of rescission. Printed forms for this purpose are prohibited, except as set forth in Subchapter I of this chapter (relating to Forms).

2. (b) Printed forms may be used to the rights as provided for in §1201.164 of the Standards Act only if:

   1. (1) The Governor of the State of Texas has declared an emergency to exist in the location where the home is to be located;
   2. (2) The basic form set forth in Subchapter I of this chapter is used; and
   3. (3) The Director has reviewed and approved the language used to describe the specific declared emergency.

Source Note:The provisions of this §80.38 adopted to be effective December 30, 2007, 32 TexReg 8790.