2005 Texas Transportation Code CHAPTER 7. CONNECTING CARRIERS

TRANSPORTATION CODE

CHAPTER 7. CONNECTING CARRIERS


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.