Law:Title 2. General Provisions Relating To Carriers from Chapter 6. Sale Of Unclaimed Goods (Texas)

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Contents

Chapter 6. Sale Of Unclaimed Goods

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.


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