TRANSPORTATION CODE
CHAPTER 6. SALE OF UNCLAIMED GOODS
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1995.
