CHAPTER 7. CONNECTING CARRIERS
TRANSPORTATION CODE
TITLE 2. GENERAL PROVISIONS RELATING TO CARRIERS
CHAPTER 7. CONNECTING CARRIERS
Sec. 7.001. DEFINITIONS. 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 common carrier.
(3) "Initial carrier" means a common carrier that contracts with
a shipper of freight for delivery and initially transports the
freight.
(4) "Shipper" includes the owner or the consignee of the freight
and the owner's or consignee's agent.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 7.002. DUTIES OF CONNECTING CARRIER. 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
destination.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 7.003. CONTRACT GOVERNING TRANSPORTATION. (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 with the shipper supported by valuable consideration.
(c) For purposes of Subsection (b), valuable consideration does
not include the transportation of a caretaker with the freight.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 7.004. PROOF OF STATUS AS CONNECTING CARRIER. 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 under this
chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 7.005. APPLICATION OF CHAPTER. (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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 7.006. RECOVERY OF DAMAGES. (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 required
to pay and is entitled to all costs of suit from the common
carrier whose negligence caused the damages.
(c) To recover under Subsection (b), a common carrier must only:
(1) establish which other carrier or carriers caused the damage;
and
(2) produce satisfactory evidence that the carrier seeking
contribution has paid the judgment in the underlying suit.
(d) A law allowing the apportionment of damages is not
applicable in a suit brought under Subsection (a) unless
requested by the plaintiff. The law is applicable in a suit
brought under Subsection (c).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.