Sec. 5.004. REQUIREMENT TO RECEIVE AND CARRY GOODS. (a) On the tender of the legal or customary rate for goods offered for transportation, a common carrier, other than a railroad, shall receive and transport the goods if in the order presented:
(1) the carrier has the capacity to safely carry the goods on the pending trip; and
(2) the goods are of the kind usually transported by the carrier and are offered at a reasonable time.
(b) A common carrier that violates Subsection (a) is liable:
(1) for damages to a person injured by the violation; and
(2) to the owner of the goods for a penalty of not less than $5 or more than $500.
(c) An action under Subsection (b) must be brought in the county in which the damages occur or the common carrier resides.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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