CHAPTER 6. SALE OF UNCLAIMED GOODS - Texas Statutes

TRANSPORTATION CODE

TITLE 2. GENERAL PROVISIONS RELATING TO CARRIERS

CHAPTER 6. SALE OF UNCLAIMED GOODS

Sec. 6.001. SALE OF FREIGHT OR BAGGAGE. (a) A common carrier

may sell at public auction freight or baggage that it conveyed to

any point in this state if the owner, whether known or unknown,

of the freight or baggage, within three months of the date of the

conveyance, fails to claim it and pay any charges due at the

office, depot, or warehouse closest or most convenient to the

destination.

(b) Each article of freight or baggage must be offered

separately as consigned or checked.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.002. NOTICE OF SALE OF FREIGHT OR BAGGAGE. (a) Before

selling the freight or baggage at auction, the common carrier

must provide notice 30 days before the sale.

(b) The notice must:

(1) contain the time and place of sale and a descriptive list of

the freight or baggage to be sold, including the names, numbers,

or marks found on the freight or baggage; and

(2) be posted in three public places in the county where the

sale is to be held and on the door of the office, depot, or

warehouse where the freight or baggage is stored.

(c) The notice must also be published in a newspaper for 30 days

before the sale in the county of sale if a newspaper is published

in the county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.003. DISPOSITION OF PROCEEDS. (a) The common carrier

shall:

(1) deduct charges due on freight or baggage, including the cost

of storage and sale, from the proceeds of the sale; and

(2) hold the remainder subject to Subsection (b).

(b) The owner of the freight or baggage may recover from the

common carrier the proceeds of the sale less any deductions under

Subsection (a) if the owner or the owner's agent presents proof

of ownership of the sold items to the carrier within five years

after the date of the sale.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.004. SALE OF LIVESTOCK. (a) A common carrier may sell

at public auction livestock that is unclaimed for 48 hours after

arrival at its destination if the carrier gives five days' notice

of the sale.

(b) The notice must contain the same information and be given in

the same manner as the notice described by Sections 6.002(b) and

(c).

(c) The common carrier shall dispose of proceeds of the sale in

the same manner as provided by Section 6.003. In addition to the

deductions allowed under that section, the carrier may deduct

reasonable expenses for the keeping, feeding, and watering of the

livestock from its arrival until its sale.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.005. SALE OF PERISHABLE PROPERTY. (a) A common carrier

may sell at public auction perishable property that is unclaimed

after arrival at its destination if:

(1) the property is in danger of depreciation; and

(2) the carrier gives five days' notice of the sale.

(b) The notice must contain the same information and be given in

the same manner as the notice described by Sections 6.002(b) and

(c).

(c) The common carrier shall dispose of the proceeds of the sale

in the same manner as provided by Section 6.003.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.006. INFORMATION KEPT BY CARRIER. A common carrier shall

keep for each sale under this chapter:

(1) an account of the sale;

(2) expenses allocated to each article sold;

(3) a copy of each notice of sale; and

(4) a copy of the bill of sale.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.