Tex. Bus. & Com. Code Section 7.601
Lost, Stolen, or Destroyed Documents of Title

(a)

If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant’s posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee’s reasonable costs and attorney’s fees in any action under this subsection.

(b)

A bailee that without court order delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery that files a notice of claim within one year after the delivery.
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 7.601 — Lost, Stolen, or Destroyed Documents of Title, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­7.­htm#7.­601 (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
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Accessed:
Apr. 29, 2024

§ 7.601’s source at texas​.gov