Tex. Transp. Code § 5.001

DUTIES, LIABILITIES, AND REMEDIES OF CARRIER

Applied in 3 court decisions — leading case Entergy Gulf States, Inc. v. Summers (2009)

Most recently applied in Entergy Gulf States, Inc. v. Summers (April 2009)

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

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.