reglab/statecodes huggingface dataset:
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.1037. Use of Revenue: Certain Counties Bordering Neches and Trinity Rivers

Sec. 352.1037.  USE OF REVENUE:  CERTAIN COUNTIES BORDERING NECHES AND TRINITY RIVERS.  (a)  The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(o) may be used only to operate and maintain a fairground in the county that has a substantial impact on tourism and hotel activity.
(b)  The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(cc) may be used to repair and renovate a civic center owned by the county in addition to the other purposes authorized by this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1084 (S.B. 1185), Sec. 3, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 775 (H.B. 3217), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.1038. Use of Revenue: Certain Counties Containing Universities

Sec. 352.1038.  USE OF REVENUE:  CERTAIN COUNTIES CONTAINING UNIVERSITIES.  The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(q) may be used only to:
(1)  operate, maintain, and improve a coliseum in the county; and
(2)  advertise and conduct solicitations and promotional programs to attract visitors to the coliseum.
Added by Acts 2013, 83rd Leg., R.S., Ch. 83 (S.B. 412), Sec. 3, eff. May 18, 2013.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.1039. Use of Revenue: Certain Counties Through Which Aransas River Flows

Sec. 352.1039.  USE OF REVENUE:  CERTAIN COUNTIES THROUGH WHICH ARANSAS RIVER FLOWS.  The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(r) may be used only to:
(1)  operate, maintain, and improve a convention center in the county; and
(2)  advertise and conduct solicitations and promotional programs to attract tourists and convention delegates and registrants to the county.
Added by Acts 2013, 83rd Leg., R.S., Ch. 113 (S.B. 1041), Sec. 3, eff. May 18, 2013.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.104. Pledge for Bonds

Sec. 352.104.  PLEDGE FOR BONDS.  A county may pledge the revenue derived from the tax imposed under this chapter for the payment of bonds that are issued by the county under Section 1477.303, Government Code, for one or more of the purposes provided by Section 352.101.
Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.370, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.105. Allocation of Revenue: Counties of More Than 3

Sec. 352.105.  ALLOCATION OF REVENUE:  COUNTIES OF MORE THAN 3.3 MILLION.  In each county fiscal year, a county with a population of more than 3.3 million that levies a tax under this chapter must spend for the purposes provided by Section 352.101(a)(3) an amount that is not less than 15 percent of the amount of revenue derived from the application of the tax at a rate of one percent.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 14.26(c), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 129, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.106. Use of Revenue; Certain Counties Bordering Mexico

Sec. 352.106.  USE OF REVENUE;  CERTAIN COUNTIES BORDERING MEXICO.  The revenue from a tax imposed under this chapter by a county authorized to impose the tax by Section 352.002(a)(11) may be used for the bond debt service, construction, maintenance, or operation of a special events facility with a seating capacity of at least 8,000.
Added by Acts 1995, 74th Leg., ch. 673, Sec. 3, eff. June 15, 1995.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.107. Hotel Tax Authorized for County Development Districts

Sec. 352.107.  HOTEL TAX AUTHORIZED FOR COUNTY DEVELOPMENT DISTRICTS.  Notwithstanding any other provision of this chapter to the contrary, a commissioners court of a county with a population of less than 600,000 may impose a hotel occupancy tax not to exceed seven percent on a person who pays for the use or possession or for the right to the use or possession of a room in a hotel ordinarily used for sleeping that is located within the boundaries of the county development district created under Subchapter D, Chapter 312, and that is not located within the corporate limits of a municipality, subject to the limitations set forth in Sections 352.002(b) and (c).  Taxes collected by a county under this section shall be remitted to the county development district not later than the 10th day after the date the county receives such funds and may be used by the district for the purposes for which sales and use tax proceeds may be used by the district.
Added by Acts 1995, 74th Leg., ch. 995, Sec. 6, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 130, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.108. Use of Revenue; Certain Counties That Border Mexico and Contain a National Recreation Area

Sec. 352.108.  USE OF REVENUE; CERTAIN COUNTIES THAT BORDER MEXICO AND CONTAIN A NATIONAL RECREATION AREA.  A county authorized to impose a tax under this chapter by Section 352.002(a)(13) may use the revenue from the tax only as follows:
(1)  75 percent of the revenue for the promotion of tourism; and
(2)  notwithstanding Section 352.1015, 25 percent of the revenue for the general revenue purposes or general governmental operations of the county.
Added by Acts 1997, 75th Leg., ch. 417, Sec. 2, eff. May 28, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 22.016, eff. September 1, 2009.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.109. Records

Sec. 352.109.  RECORDS.  (a)  A county shall maintain a record that accurately identifies the receipt and expenditure of all revenue derived from the tax imposed under this chapter.
(b)  A county or entity that spends revenue derived from the tax imposed under this chapter shall, before making an expenditure, specify in a list each scheduled activity or event that:
(1)  is directly funded by the tax or is offered by an entity that has its administrative costs funded wholly or partly by the tax;  and
(2)  directly promotes tourism and hotel and convention activity.
(b-1)  A county authorized by Section 352.002(a-1) to impose a tax under this chapter shall produce an annual report that describes the tourism, hotel, and convention activity that is attributable to events held at facilities that received funding from the tax during the period covered by the report.
(c)  If the commissioners court of a county delegates to another entity the management or supervision of an activity or event funded by the tax imposed under this chapter, each entity that is ultimately funded by the tax shall, before making an expenditure, specify in a list each scheduled activity or event that:
(1)  is directly funded by the tax or is offered by an entity that has its administrative costs funded wholly or partly by the tax;  and
(2)  directly promotes tourism and hotel and convention activity.
(d)  Subsections (b) and (c) do not prevent the county or funded entity from subsequently adding an activity or event to the list required by those subsections if the activity or event directly promotes tourism and hotel and convention activity.
(e)  This section does not prevent a county or funded entity from setting aside tax revenue in a designated reserve fund for use in supporting planned activities, future events, and facility improvements that directly promote tourism and hotel and convention activity.
(f)  For the purposes of this section, all expenditures for a sports and community venue project and related infrastructure, as those terms are defined by Section 334.001, Local Government Code, are a single scheduled activity or event.
Added by Acts 2001, 77th Leg., ch. 1458, Sec. 1.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 167 (S.B. 1463), Sec. 3, eff. May 22, 2007.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.110. Use of Revenue; Certain Counties Located Wholly in Edwards Aquifer Authority

Sec. 352.110.  USE OF REVENUE;  CERTAIN COUNTIES LOCATED WHOLLY IN EDWARDS AQUIFER AUTHORITY.  A county authorized to impose a tax by Section 352.002(a)(15) may use the revenue from the tax only as follows:
(1)  75 percent of the revenue for the promotion of tourism and lodging; and
(2)  notwithstanding Section 352.1015, 25 percent of the revenue for:
(A)  the removal of trash and litter in the state-owned rivers and riverbeds located within the boundaries of the county; and
(B)  the provision and maintenance of litter containers on or adjacent to state-owned rivers and riverbeds primarily used by lodging guests and located within the boundaries of the county.
Added by Acts 2009, 81st Leg., R.S., Ch. 938 (H.B. 3136), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.111. Use of Revenue; Counties Bordering Portion of Neches River, Sabine River, and Sabine Lake

Sec. 352.111.  USE OF REVENUE; COUNTIES BORDERING PORTION OF NECHES RIVER, SABINE RIVER, AND SABINE LAKE.  (a)  In addition to the purposes authorized by this chapter, the revenue from a tax imposed under this chapter by a county authorized to impose the tax by Section 352.002(a)(28) may be used to construct and equip a pavilion that is primarily used for events attended by tourists and hotel guests and that has a substantial impact on hotel activity.
(b)  If a county to which this section applies uses revenue derived from the tax imposed under this chapter for a purpose described by Subsection (a), the county may not reduce the percentage of revenue from the tax imposed under this chapter and allocated for a purpose described by Section 351.101(a)(3) to a percentage that is less than the average percentage of that revenue allocated by the county for that purpose during the 36-month period preceding the date the county first uses hotel occupancy tax revenue for the purpose described by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 406 (S.B. 2208), Sec. 1, eff. June 4, 2019.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.112. Use of Revenue: Certain Counties Holding an Annual Strawberry Festival

Sec. 352.112.  USE OF REVENUE: CERTAIN COUNTIES HOLDING AN ANNUAL STRAWBERRY FESTIVAL.  The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(bb) may be used only for the construction, enlarging, equipping, improvement, maintenance, repairing, and operation of a civic center with an arena used for rodeos, livestock shows, and agricultural expositions to substantially enhance hotel activity and encourage tourism.
Added by Acts 2021, 87th Leg., R.S., Ch. 779 (S.B. 696), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.113. Use of Revenue: Certain Counties Bordering Lake Ray Roberts

Sec. 352.113.  USE OF REVENUE: CERTAIN COUNTIES BORDERING LAKE RAY ROBERTS.  In addition to the purposes authorized by this chapter, the revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(x) may be used for any purpose described by Section 352.101(a).
Added by Acts 2017, 85th Leg., R.S., Ch. 785 (H.B. 2445), Sec. 15, eff. June 15, 2017.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.114. Use of Revenue: Certain Counties Containing an Indian Reservation

Sec. 352.114.  USE OF REVENUE: CERTAIN COUNTIES CONTAINING AN INDIAN RESERVATION.  (a)  In addition to the purposes authorized by this chapter, the revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(a)(4) may be used to make repairs and improvements to the county airport or to provide reimbursement for repairs and improvements to the airport.
(b)  A county to which this section applies may not use revenue from a tax imposed under this chapter for a purpose described by Subsection (a) in a total amount that would exceed the amount of hotel revenue in the county that is likely to be reasonably attributable to guests traveling through the airport during the 15-year period beginning on the date the county first uses the tax revenue for that purpose.
(c)  A county to which this section applies may not use revenue from a tax imposed under this chapter for a purpose described by Subsection (a) after the 10th anniversary of the date the county first uses the revenue for that purpose.
Added by Acts 2021, 87th Leg., R.S., Ch. 779 (S.B. 696), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.115. Use of Revenue: Certain Counties Containing National Grassland

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 641 (H.B. 1034), Sec. 3
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 780 (H.B. 5105), Sec. 3, see other Sec. 352.115.
Sec. 352.115.  USE OF REVENUE: CERTAIN COUNTIES CONTAINING NATIONAL GRASSLAND.  In addition to the purposes authorized by this chapter, the revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(w) may be used for:
(1)  the purposes described by Section 352.112; and
(2)  historical preservation and restoration.
Added by Acts 2023, 88th Leg., R.S., Ch. 641 (H.B. 1034), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 352 - County Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 352.115. Use of Revenue: Certain Counties Adjacent to Populous Counties

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 780 (H.B. 5105), Sec. 3
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 641 (H.B. 1034), Sec. 3, see other Sec. 352.115.
Sec. 352.115.  USE OF REVENUE: CERTAIN COUNTIES ADJACENT TO POPULOUS COUNTIES.  In addition to the purposes authorized by this chapter, the revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(v) may be used for the purposes described by Section 352.112.
Added by Acts 2023, 88th Leg., R.S., Ch. 780 (H.B. 5105), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Reference in Law to Statute Revised by Code

Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Definition

Sec. 1.004.  DEFINITION.  In this code, "Department of Public Safety" means the Department of Public Safety of the State of Texas.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.001. Duties, Liabilities, and Remedies of Carrier

Sec. 5.001.  DUTIES, LIABILITIES, AND REMEDIES OF CARRIER.  (a)  Unless otherwise provided by this code or other law:
(1)  the duties and liabilities of a carrier in this state and the remedies against the carrier are the same as prescribed by the common law;  and
(2)  a carrier for hire may not limit its common-law liability, unless the limitation is in conspicuous writing in a written arrangement for transportation, including a bill of lading or contract for transportation.
(b)  This chapter does not prohibit a carrier from requiring notice to be given under Section 16.071, Civil Practice and Remedies Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.003. Liability of Carrier of Household Goods

Sec. 5.003.  LIABILITY OF CARRIER OF HOUSEHOLD GOODS.  (a)  A carrier of household goods, as defined by 49 U.S.C. Section 10102, is not required to accept for transportation household goods unless the shipper or owner of the property or the agent of the shipper or owner declares in writing the reasonable value of the property.
(b)  A carrier transporting property with a value declared under Subsection (a) is not liable in damages for an amount more than the declared value of the property lost, destroyed, or damaged.
(c)  A shipper's declaration of value is not admissible evidence in a court action unless the carrier, when accepting the shipment, provides and maintains in an amount at least equal to the declared value of the property:
(1)  insurance in a solvent company authorized to do business in this state;  or
(2)  bonds.
(d)  The security requirement of Subsection (c) does not apply to steam or electric railroads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.01(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.004. Requirement to Receive and Carry Goods

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.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.005. Bill of Lading or Receipt; Condition of Transported Goods

Sec. 5.005.  BILL OF LADING OR RECEIPT;  CONDITION OF TRANSPORTED GOODS.  (a)  A common carrier receiving goods for transportation shall, when requested, give the shipper a bill of lading or written receipt stating the quantity, character, order, and condition of the goods.
(b)  A common carrier shall deliver to the consignee the goods listed on a bill of lading or receipt in an order and condition similar to the order and condition of the goods when the goods were accepted for transport, except for any unavoidable wear and tear or deterioration because of the transportation of the goods.
(c)  A common carrier that violates Subsection (a) is liable to the owner of the goods for a penalty of not less than $5 or more than $500.
(d)  An action under Subsection (c) must be brought in the county in which the damages occur or the carrier resides.
(e)  A common carrier that violates Subsection (b) is liable for damages resulting from the violation as at common law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.006. Liability as Warehouseman or Common Carrier

Sec. 5.006.  LIABILITY AS WAREHOUSEMAN OR COMMON CARRIER.  (a)  A common carrier having a depot or warehouse is liable, as is a warehouseman at common law, for any goods stored at the depot or warehouse:
(1)  before the trip begins;  or
(2)  after the goods reach the destination if, after the carrier uses due diligence to notify the consignee, the consignee fails to take possession of the goods.
(b)  A common carrier is liable as a common carrier from the beginning of the trip until the goods are delivered to the consignee at the point of destination.
(c)  For purposes of this section, a trip begins when the bill of lading is signed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.007. Priority of Shipment of Stored Goods

Sec. 5.007.  PRIORITY OF SHIPMENT OF STORED GOODS.  (a)  A common carrier that receives goods for transportation in its warehouse or depot shall transport the goods in the order received.
(b)  A common carrier that violates Subsection (a) is liable for any:
(1)  loss occurring while the goods are in the warehouse or depot;  and
(2)  damage resulting from the delay in transporting the goods.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 5 - Duties and Liabilities of Common Carriers › Section 5.008. Care of Livestock

Sec. 5.008.  CARE OF LIVESTOCK.  (a)  Unless otherwise provided by special contract, a common carrier transporting livestock shall feed and water the animals until the animals are:
(1)  delivered to the consignee;  or
(2)  disposed of as provided by this title or other law.
(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 livestock for a penalty of not less than $5 or more than $500.
(c)  An action by an owner under Subsection (b)(2) must be brought in any county in which the damages occur or the carrier resides.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 6 - Sale of Unclaimed Goods › Section 6.001. Sale of Freight or Baggage

Sec. 6.001.  SALE OF FREIGHT OR BAGGAGE.  (a)  A common carrier may sell at public auction freight or baggage that it conveyed to any point in this state if the owner, whether known or unknown, of the freight or baggage, within three months of the date of the conveyance, fails to claim it and pay any charges due at the office, depot, or warehouse closest or most convenient to the destination.
(b)  Each article of freight or baggage must be offered separately as consigned or checked.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 6 - Sale of Unclaimed Goods › Section 6.002. Notice of Sale of Freight or Baggage

Sec. 6.002.  NOTICE OF SALE OF FREIGHT OR BAGGAGE.  (a)  Before selling the freight or baggage at auction, the common carrier must provide notice 30 days before the sale.
(b)  The notice must:
(1)  contain the time and place of sale and a descriptive list of the freight or baggage to be sold, including the names, numbers, or marks found on the freight or baggage;  and
(2)  be posted in three public places in the county where the sale is to be held and on the door of the office, depot, or warehouse where the freight or baggage is stored.
(c)  The notice must also be published in a newspaper for 30 days before the sale in the county of sale if a newspaper is published in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 6 - Sale of Unclaimed Goods › Section 6.003. Disposition of Proceeds

Sec. 6.003.  DISPOSITION OF PROCEEDS.  (a)  The common carrier shall:
(1)  deduct charges due on freight or baggage, including the cost of storage and sale, from the proceeds of the sale;  and
(2)  hold the remainder subject to Subsection (b).
(b)  The owner of the freight or baggage may recover from the common carrier the proceeds of the sale less any deductions under Subsection (a) if the owner or the owner's agent presents proof of ownership of the sold items to the carrier within five years after the date of the sale.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 6 - Sale of Unclaimed Goods › Section 6.004. Sale of Livestock

Sec. 6.004.  SALE OF LIVESTOCK.  (a)  A common carrier may sell at public auction livestock that is unclaimed for 48 hours after arrival at its destination if the carrier gives five days' notice of the sale.
(b)  The notice must contain the same information and be given in the same manner as the notice described by Sections 6.002(b) and (c).
(c)  The common carrier shall dispose of proceeds of the sale in the same manner as provided by Section 6.003.  In addition to the deductions allowed under that section, the carrier may deduct reasonable expenses for the keeping, feeding, and watering of the livestock from its arrival until its sale.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 6 - Sale of Unclaimed Goods › Section 6.005. Sale of Perishable Property

Sec. 6.005.  SALE OF PERISHABLE PROPERTY.  (a)  A common carrier may sell at public auction perishable property that is unclaimed after arrival at its destination if:
(1)  the property is in danger of depreciation;  and
(2)  the carrier gives five days' notice of the sale.
(b)  The notice must contain the same information and be given in the same manner as the notice described by Sections 6.002(b) and (c).
(c)  The common carrier shall dispose of the proceeds of the sale in the same manner as provided by Section 6.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 6 - Sale of Unclaimed Goods › Section 6.006. Information Kept by Carrier

Sec. 6.006.  INFORMATION KEPT BY CARRIER.  A common carrier shall keep for each sale under this chapter:
(1)  an account of the sale;
(2)  expenses allocated to each article sold;
(3)  a copy of each notice of sale;  and
(4)  a copy of the bill of sale.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 7 - Connecting Carriers › Section 7.001. Definitions

Sec. 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, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 7 - Connecting Carriers › Section 7.002. Duties of Connecting Carrier

Sec. 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, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 7 - Connecting Carriers › Section 7.003. Contract Governing Transportation

Sec. 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, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 7 - Connecting Carriers › Section 7.004. Proof of Status as Connecting Carrier

Sec. 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, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 7 - Connecting Carriers › Section 7.005. Application of Chapter

Sec. 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, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 7 - Connecting Carriers › Section 7.006. Recovery of Damages

Sec. 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, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 8 - Protecting Movement of Commerce › Section 8.001. Issuance of Proclamation

Sec. 8.001.  ISSUANCE OF PROCLAMATION.  (a)  The governor shall issue a proclamation under this chapter, to prevent interference with commerce, if after investigation the governor determines that:
(1)  the movement of commerce by a common carrier of this state or another state is interfered with in violation of Chapter 42, Penal Code;  and
(2)  local authorities failed to enforce the law.
(b)  The proclamation must:
(1)  state that the conditions described by Subsection (a) exist;  and
(2)  describe the territory affected by the proclamation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 8 - Protecting Movement of Commerce › Section 8.002. Effect of Proclamation

Sec. 8.002.  EFFECT OF PROCLAMATION.  (a)  On the issuance of a proclamation under this chapter, the governor shall exercise complete police jurisdiction over the territory described by the proclamation.  The exercise of police jurisdiction by the governor supersedes the police authority of a local authority.
(b)  The governor may not disturb the exercise of police jurisdiction by a local authority outside the territory described by the proclamation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 8 - Protecting Movement of Commerce › Section 8.003. Arrests

Sec. 8.003.  ARRESTS.  (a)  After a proclamation issued under this chapter takes effect, only a peace officer acting under the authority of the governor may make an arrest in the territory described by the proclamation.
(b)  A person arrested in the territory described by the proclamation shall be delivered forthwith to the proper authority for trial.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 8 - Protecting Movement of Commerce › Section 8.004. Use of Texas Rangers

Sec. 8.004.  USE OF TEXAS RANGERS.  (a)  The governor may use the Texas Rangers to enforce this chapter.
(b)  If a sufficient number of Texas Rangers are not available, the governor may employ other persons to serve as special rangers.
(c)  A special ranger has the same authority as a Texas Ranger and shall be paid the same salary as a Texas Ranger.  The salary of a special ranger shall be paid out of appropriations made to the executive office for the payment of rewards and the enforcement of the law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 8 - Protecting Movement of Commerce › Section 8.005. Effect on Declaration of Martial Law

Sec. 8.005.  EFFECT ON DECLARATION OF MARTIAL LAW.  (a)  A declaration of martial law is not required for the implementation of this chapter.
(b)  This chapter does not limit the authority of the governor to declare martial law and call forth the militia to execute the law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 20 - Miscellaneous Provisions › Section 20.001. Certain Carriers Exempt From Gross Receipts Taxes

Sec. 20.001.  CERTAIN CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES.  A motor bus carrier or motor carrier transporting persons or property for hire is exempt from any occupation tax measured by gross receipts imposed by any law of this state.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.02(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 2 - General Provisions Relating to Carriers › Chapter 20 - Miscellaneous Provisions › Section 20.002. School Fund Benefit Fee on Diesel Fuel Used by Certain Motor Vehicles

Sec. 20.002.  SCHOOL FUND BENEFIT FEE ON DIESEL FUEL USED BY CERTAIN MOTOR VEHICLES.  (a)  In this section, "commercial motor vehicle" has the meaning assigned by Section 548.001.
(b)  This section applies to a person, other than a political subdivision, who:
(1)  owns, controls, operates, or manages a commercial motor vehicle; and
(2)  is exempt from the state diesel fuel tax under Section 162.204, Tax Code.
(c)  A fee to benefit the available school fund is imposed on a person for the use of diesel fuel that is:
(1)  delivered exclusively into the fuel supply tank of a commercial motor vehicle;  and
(2)  used exclusively to transport passengers for compensation or hire between points in this state on a fixed route or schedule.
(d)  The fee imposed by this section is equal to 25 percent of the diesel fuel tax rate imposed under Section 162.202, Tax Code.
(e)  The comptroller shall prescribe the method for collecting a fee imposed under this section and shall deposit revenue received from the fee to the credit of the available school fund.
Added by Acts 1999, 76th Leg., ch. 1054, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1227 (S.B. 1495), Sec. 39, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter A. General Provisions › Section 21.001. Definitions

Sec. 21.001.  DEFINITIONS.  In this chapter:
(1)  "Aeronautics" means:
(A)  the art and science of flight of aircraft;
(B)  aviation;
(C)  the operation, navigation, piloting, maintenance, and construction of aircraft or component parts of aircraft;
(D)  air navigation aids, including lighting, markings, and aircraft, ground, and related communications;
(E)  air crew and air passenger facilities;
(F)  airports and airstrips and their design, construction, repair, maintenance, or improvement;  and
(G)  the dissemination of information and instruction concerning any of the matters in this subdivision.
(2)  "Aircraft" means a device intended, used, or designed for flight in the air.
(3)  "Commission" means the Texas Transportation Commission.
(4)  "Department" means the Texas Department of Transportation.
(5)  "Director" means the director of the Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter A. General Provisions › Section 21.002. Aviation Division

Sec. 21.002.  AVIATION DIVISION.  The powers and duties granted to the department by this chapter or by other law related to aviation shall be performed, under the direction of the commission, by the aviation division.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter A. General Provisions › Section 21.003. Aviation Advisory Committee

Sec. 21.003.  AVIATION ADVISORY COMMITTEE.  (a)  The aviation advisory committee consists of members appointed by the commission to advise the commission and the department on aviation matters.  The commission by rule shall determine the number of members of the committee.
(b)  A majority of the members of the committee must have five years of successful experience as:
(1)  an aircraft pilot;
(2)  an aircraft facilities manager; or
(3)  a fixed-base operator.
(c)  A committee member serves at the pleasure of the commission.
(d)  A committee member may not receive compensation for serving as a member but is entitled to reimbursement for reasonable expenses incurred in performing the member's duties.
(e)  The commission may adopt rules to govern the operations of the committee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 922 (S.B. 1522), Sec. 1, eff. June 15, 2017.
For expiration of this section, see Subsection (f).
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter A. General Provisions › Section 21.0045. Advanced Air Mobility Advisory Committee

Sec. 21.0045.  ADVANCED AIR MOBILITY ADVISORY COMMITTEE.  (a)  In this section, "advanced air mobility" has the meaning assigned by Section 21.072.
(b)  The commission shall appoint an advisory committee to assess current state law and any potential changes to state law that are needed to facilitate the implementation of advanced air mobility technology in this state.
(c)  The commission shall appoint to the advisory committee members to represent:
(1)  diverse geographic regions of the state;
(2)  state and local law enforcement;
(3)  the advanced air mobility industry;
(4)  transportation experts;
(5)  commercial airport representatives;
(6)  vertical takeoff and landing operators and vertiport operators;
(7)  local governments; and
(8)  the general public.
(d)  The advisory committee shall:
(1)  hold public hearings in locations across the state or via electronic means; and
(2)  receive comments through an Internet website, by mail, and by other methods, if appropriate.
(e)  Not later than November 1, 2024, the advisory committee shall submit to the commission and the legislature a written report that includes the committee's findings and recommendations on any changes to state law that are needed to facilitate the implementation of advanced air mobility technology in this state.
(f)  The advisory committee is abolished and this section expires January 1, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 29 (S.B. 2144), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter A. General Provisions › Section 21.005. Suit Against Department

Sec. 21.005.  SUIT AGAINST DEPARTMENT.  (a)  An interested party who is adversely affected by an act, decision, rate, charge, order, or rule adopted by the department and who fails to get relief from the department may file a petition against the department in a district court of Travis County, Texas.
(b)  The petition must set forth the air carrier's or party's particular objections to the act, decision, rate, charge, order, or rule.
(c)  The court shall give priority to an action described by Subsection (a) over all other causes on the docket of a different nature.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter A. General Provisions › Section 21.006. Safe Aircraft Operation

Sec. 21.006.  SAFE AIRCRAFT OPERATION.  (a)  An aircraft operated in the state shall be operated safely.
(b)  An aircraft is operated safely if the operation complies with the United States laws and regulations governing air traffic and aeronautical operation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter B. General Powers and Duties › Section 21.051. Aeronautic Development

Sec. 21.051.  AERONAUTIC DEVELOPMENT.  The department and the director shall encourage and assist the development of aeronautics in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter B. General Powers and Duties › Section 21.052. Cooperation With Other Entities in Aeronautic Development

Sec. 21.052.  COOPERATION WITH OTHER ENTITIES IN AERONAUTIC DEVELOPMENT.  The department and the director may:
(1)  cooperate with or assist the United States, a governmental subdivision of this state, or a person engaged in aeronautics or in the development of aeronautics;  and
(2)  coordinate the aeronautical activities of entities described by Subdivision (1).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter B. General Powers and Duties › Section 21.053. Governmental Subdivision Cooperation in Aeronautic Development

Sec. 21.053.  GOVERNMENTAL SUBDIVISION COOPERATION IN AERONAUTIC DEVELOPMENT.  A governmental subdivision may cooperate with the department in the development of aeronautics.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter B. General Powers and Duties › Section 21.054. Authority to Contract

Sec. 21.054.  AUTHORITY TO CONTRACT.  (a)  The department may contract as necessary or advisable to execute its powers under this chapter.
(b)  The department may not enter an agreement that binds the state to make a payment that is not authorized by an appropriation from general revenues or from the aeronautics fund.
(c)  Repealed by Acts 1999, 76th Leg., ch. 115, Sec. 1, eff. May 17, 1999.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 115, Sec. 1, eff. May 17, 1999.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 21 - Administration of Aeronautics › Subchapter B. General Powers and Duties › Section 21.055. Grant or Gift With Prescribed Purpose

Sec. 21.055.  GRANT OR GIFT WITH PRESCRIBED PURPOSE.  The department may accept from any person a grant or gift of money or property for which the person has prescribed a particular use for an aeronautical purpose.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.