TRANSPORTATION CODE
TITLE 2. GENERAL PROVISIONS RELATING TO CARRIERS
CHAPTER 5. DUTIES AND LIABILITIES OF COMMON CARRIERS
§ 5.001. DUTIES, LIABILITIES, AND REMEDIES OF
CARRIER. (a) Unless otherwise provided by this code or other law:
(1) the duties and liabilities of a carrier in this
state and the remedies against the carrier are the same as
prescribed by the common law; and
(2) a carrier for hire may not limit its common-law
liability, unless the limitation is in conspicuous writing in a
written arrangement for transportation, including a bill of lading
or contract for transportation.
(b) This chapter does not prohibit a carrier from requiring
notice to be given under Section 16.071, Civil Practice and
Remedies Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.01(a), eff. Sept. 1, 1997.
§ 5.003. LIABILITY OF CARRIER OF HOUSEHOLD
GOODS. (a) A carrier of household goods, as defined by 49 U.S.C.
Section 10102, is not required to accept for transportation
household goods unless the shipper or owner of the property or the
agent of the shipper or owner declares in writing the reasonable
value of the property.
(b) A carrier transporting property with a value declared
under Subsection (a) is not liable in damages for an amount more
than the declared value of the property lost, destroyed, or
damaged.
(c) A shipper's declaration of value is not admissible
evidence in a court action unless the carrier, when accepting the
shipment, provides and maintains in an amount at least equal to the
declared value of the property:
(1) insurance in a solvent company authorized to do
business in this state; or
(2) bonds.
(d) The security requirement of Subsection (c) does not
apply to steam or electric railroads.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.01(c), eff. Sept. 1, 1997.
§ 5.004. REQUIREMENT TO RECEIVE AND CARRY
GOODS. (a) On the tender of the legal or customary rate for goods
offered for transportation, a common carrier, other than a
railroad, shall receive and transport the goods if in the order
presented:
(1) the carrier has the capacity to safely carry the
goods on the pending trip; and
(2) the goods are of the kind usually transported by
the carrier and are offered at a reasonable time.
(b) A common carrier that violates Subsection (a) is liable:
(1) for damages to a person injured by the violation;
and
(2) to the owner of the goods for a penalty of not less
than $5 or more than $500.
(c) An action under Subsection (b) must be brought in the
county in which the damages occur or the common carrier resides.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 5.005. BILL OF LADING OR RECEIPT; CONDITION OF
TRANSPORTED GOODS. (a) A common carrier receiving goods for
transportation shall, when requested, give the shipper a bill of
lading or written receipt stating the quantity, character, order,
and condition of the goods.
(b) A common carrier shall deliver to the consignee the
goods listed on a bill of lading or receipt in an order and
condition similar to the order and condition of the goods when the
goods were accepted for transport, except for any unavoidable wear
and tear or deterioration because of the transportation of the
goods.
(c) A common carrier that violates Subsection (a) is liable
to the owner of the goods for a penalty of not less than $5 or more
than $500.
(d) An action under Subsection (c) must be brought in the
county in which the damages occur or the carrier resides.
(e) A common carrier that violates Subsection (b) is liable
for damages resulting from the violation as at common law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 5.006. LIABILITY AS WAREHOUSEMAN OR COMMON
CARRIER. (a) A common carrier having a depot or warehouse is
liable, as is a warehouseman at common law, for any goods stored at
the depot or warehouse:
(1) before the trip begins; or
(2) after the goods reach the destination if, after
the carrier uses due diligence to notify the consignee, the
consignee fails to take possession of the goods.
(b) A common carrier is liable as a common carrier from the
beginning of the trip until the goods are delivered to the consignee
at the point of destination.
(c) For purposes of this section, a trip begins when the
bill of lading is signed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 5.007. PRIORITY OF SHIPMENT OF STORED GOODS. (a) A
common carrier that receives goods for transportation in its
warehouse or depot shall transport the goods in the order received.
(b) A common carrier that violates Subsection (a) is liable
for any:
(1) loss occurring while the goods are in the
warehouse or depot; and
(2) damage resulting from the delay in transporting
the goods.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 5.008. CARE OF LIVESTOCK. (a) Unless otherwise
provided by special contract, a common carrier transporting
livestock shall feed and water the animals until the animals are:
(1) delivered to the consignee; or
(2) disposed of as provided by this title or other law.
(b) A common carrier that violates Subsection (a) is liable:
(1) for damages to a person injured by the violation;
and
(2) to the owner of the livestock for a penalty of not
less than $5 or more than $500.
(c) An action by an owner under Subsection (b)(2) must be
brought in any county in which the damages occur or the carrier
resides.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
