CHAPTER 5. DUTIES AND LIABILITIES OF COMMON CARRIERS - Texas Statutes

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.