Tex. Bus. & Com. Code Section 7.309
Duty of Care; Contractual Limitation of Carrier’s Liability

(a)

A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.

(b)

Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier’s liability may not exceed a value stated in the bill or transportation agreement if the carrier’s rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and is advised of the opportunity. However, such a limitation is not effective with respect to the carrier’s liability for conversion to its own use.

(c)

Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 1, eff. September 1, 2005.

Source: Section 7.309 — Duty of Care; Contractual Limitation of Carrier's Liability, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­7.­htm#7.­309 (accessed Apr. 29, 2024).

7.101
Short Title 7.102
Definitions and Index of Definitions 7.103
Relation of Article to Treaty or Statute 7.104
Negotiable and Nonnegotiable Document of Title 7.105
Reissuance in Alternative Medium 7.106
Control of Electronic Document of Title 7.201
Person that May Issue a Warehouse Receipt 7.202
Form of Warehouse Receipt 7.203
Liability for Nonreceipt or Misdescription 7.204
Duty of Care 7.205
Title Under Warehouse Receipt Defeated in Certain Cases 7.206
Termination of Storage at Warehouse’s Option 7.207
Goods Must Be Kept Separate 7.208
Altered Warehouse Receipts 7.209
Lien of Warehouse 7.210
Enforcement of Warehouse’s Lien 7.302
Through Bills of Lading and Similar Documents of Title 7.303
Diversion 7.304
Tangible Bills of Lading in Set 7.305
Destination Bills 7.306
Altered Bills of Lading 7.307
Lien of Carrier 7.308
Enforcement of Carrier’s Lien 7.309
Duty of Care 7.401
Irregularities in Issue of Receipt or Bill or Conduct of Issuer 7.402
Duplicate Document of Title 7.403
Obligation of Warehouse or Carrier to Deliver 7.404
No Liability for Good Faith Delivery Pursuant to Document of Title 7.501
Form of Negotiation and Requirements of Due Negotiation 7.502
Rights Acquired by Due Negotiation 7.503
Document of Title to Goods Defeated in Certain Cases 7.504
Rights Acquired in Absence of Due Negotiation 7.505
Indorser Not Guarantor for Other Parties 7.506
Delivery Without Indorsement 7.507
Warranties on Negotiation or Delivery of Document of Title 7.508
Warranties of Collecting Bank as to Documents of Title 7.509
Adequate Compliance with Commercial Contract 7.601
Lost, Stolen, or Destroyed Documents of Title 7.602
Attachment of Goods Covered by Negotiable Document of Title 7.603
Conflicting Claims
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 7.309’s source at texas​.gov