CHAPTER 5. DUTIES AND LIABILITIES OF COMMON CARRIERS
TRANSPORTATION CODE
TITLE 2. GENERAL PROVISIONS RELATING TO CARRIERS
CHAPTER 5. DUTIES AND LIABILITIES OF COMMON CARRIERS
Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.01(a), eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.01(c), eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1995.