Section 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.Tex. Transp. Code § 5.004
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.