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.
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