Texas · statute · Tex. Transportation Code · 5,642 active provisions
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute…
Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
In this code, "Department of Public Safety" means the Department of Public Safety of the State of Texas.
(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 wr…
(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 valu…
(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 trans…
(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 cond…
(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 possessio…
(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 transpo…
(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…
(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 mos…
(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) b…
(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 deduction…
(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 com…
(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 notic…
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.
In this chapter: (1) "Connecting carrier" means: (A) an initial carrier; or (B) each other common carrier that receives freight from another common carrier and recognizes or acts on a contract to transport the freight between points in this state. (2) "Freight" includes baggage and other property transported by a commo…
Each connecting carrier that transports freight is: (1) an agent of each other connecting carrier that transports the freight; and (2) considered to be under a contract with each other connecting carrier and the shipper to provide the safe and speedy transportation of the freight from its point of shipment to its desti…
(a) Except as provided by Subsection (b), the contract establishing the rights, duties, and liabilities of an initial carrier and the shipper applies to each subsequent connecting carrier. (b) The contract between the initial carrier and the shipper does not apply to a connecting carrier that executes a new contract wi…
Proof that a common carrier has received freight from another common carrier for transportation, including a bill of lading, waybill, receipt, check, or other instrument issued by a carrier, is prima facie evidence that the carrier is subject to the relations, duties, and liabilities imposed on connecting carriers unde…
(a) A provision in a contract that is contrary to this chapter is void. (b) This chapter applies regardless of whether the route of freight is chosen by the shipper or by the initial carrier.
(a) A person who suffers damages because of injury to or loss of freight or delay in transporting freight may recover from the initial carrier or any connecting carrier that transported the freight. (b) A common carrier held liable under Subsection (a) may, in a subsequent action, recover the amount of damages it was r…
(a) The governor shall issue a proclamation under this chapter, to prevent interference with commerce, if after investigation the governor determines that: (1) the movement of commerce by a common carrier of this state or another state is interfered with in violation of Chapter 42, Penal Code; and (2) local authorities…
(a) On the issuance of a proclamation under this chapter, the governor shall exercise complete police jurisdiction over the territory described by the proclamation. The exercise of police jurisdiction by the governor supersedes the police authority of a local authority. (b) The governor may not disturb the exercise of…