CHAPTER 252. BILLS OF LADING - Texas Statutes

BUSINESS AND COMMERCE CODE

TITLE 7. RECEIPTS, DOCUMENTS OF TITLE, AND OTHER INSTRUMENTS

CHAPTER 252. BILLS OF LADING

Sec. 252.001. DEFINITIONS. In this chapter:

(1) "Agent" includes an officer, employee, or receiver.

(2) "Bill of lading" means a document evidencing the receipt of

goods for shipment issued by a person engaged in the business of

transporting or forwarding goods. The term includes an air

consignment note, air waybill, or other document for air

transportation comparable to a bill of lading for marine or rail

transportation.

(3) "Goods" means all things treated as movable for purposes of

a contract of storage or transportation.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 252.002. DUTIES OF RAILROAD COMMISSION. (a) In this

section, "common carrier" does not include a pipeline company or

express company.

(b) The Railroad Commission of Texas shall:

(1) prescribe forms, terms, and conditions for authenticating,

certifying, or validating bills of lading issued by a common

carrier;

(2) regulate the manner by which a common carrier issues bills

of lading; and

(3) take other action necessary to carry out the purposes of

Chapter 7.

(c) After giving reasonable notice to interested common carriers

and to the public, the railroad commission may amend a rule

adopted under Subsection (b).

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 252.003. AGENT WRONGFULLY FAILING OR REFUSING TO ISSUE BILL

OF LADING. (a) In this section, "common carrier" does not

include a pipeline company or express company.

(b) An agent of a common carrier may not after lawful demand

fail or refuse to issue a bill of lading in accordance with

Chapter 7 or a rule of the railroad commission.

(c) An agent who violates this section commits an offense. An

offense under this section is a misdemeanor punishable by:

(1) confinement in the county jail for a term of not more than

six months;

(2) a fine not to exceed $200; or

(3) both the fine and confinement.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 252.004. AGENT ISSUING FRAUDULENT BILL OF LADING. (a) In

this section, "common carrier" does not include a pipeline

company or express company.

(b) An agent of a common carrier may not with intent to defraud

a person:

(1) issue a bill of lading;

(2) incorrectly describe goods or the quantity of goods in a

bill of lading; or

(3) issue a bill of lading without authority.

(c) An agent who violates this section commits an offense. An

offense under this section is a felony punishable by imprisonment

in the Texas Department of Criminal Justice for a term of not

more than 10 years or less than two years.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 252.005. AGENT ISSUING ORDER BILL OF LADING IN DUPLICATE OR

SET OF PARTS. (a) Except where customary in overseas

transportation, an agent of a common carrier may not knowingly

issue or aid in issuing an order bill of lading in duplicate or

in a set of parts.

(b) An agent who violates this section commits an offense. An

offense under this section is a felony punishable by:

(1) imprisonment in the Texas Department of Criminal Justice for

a term of not more than five years; and

(2) a fine not to exceed $5,000.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 252.006. FRAUDULENTLY INDUCING ISSUANCE OF BILL OF LADING.

(a) A person may not, with intent to defraud, induce an agent of

a common carrier to:

(1) issue to the person a bill of lading; or

(2) materially misrepresent in a bill of lading issued on behalf

of the common carrier the quantity of goods described in the bill

of lading.

(b) A person who violates this section commits an offense. An

offense under this section is a felony punishable by imprisonment

in the Texas Department of Criminal Justice for a term of not

more than five years or less than two years.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 252.007. FRAUDULENTLY NEGOTIATING OR TRANSFERRING BILL OF

LADING. (a) A person may not, with intent to defraud, negotiate

or transfer a bill of lading that:

(1) is issued in violation of Chapter 7; or

(2) contains a false, material statement of fact.

(b) A person who violates this section commits an offense. An

offense under this section is a felony punishable by imprisonment

in the Texas Department of Criminal Justice for a term of not

more than 10 years.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.