Texas Civil Practice and Remedies Code
§ 16.006 — CARRIERS OF PROPERTY
CP § 16.006Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 16. LIMITATIONS · Art. A. LIMITATIONS OF PERSONAL ACTIONS
Statute text
View on source(a)A carrier of property for compensation or hire must bring suit for the recovery of charges not later than three years after the day on which the cause of action accrues.
(b)Except as provided by Subsections (c) and (d), a person must bring suit for overcharges against a carrier of property for compensation or hire not later than three years after the cause of action accrues.
(c)If the person has presented a written claim for the overcharges within the three-year period, the limitations period is extended for six months from the date written notice is given by the carrier to the claimant of disallowance of the claim in whole or in part, as specified in the carrier's notice.
(d)If on or before the expiration of the three-year period, the carrier brings an action under Subsection (a) to recover charges relating to the service or, without beginning an action, collects charges relating to that service, the limitations period is extended for 90 days from the day on which the action is begun or the charges are collected.
(e)A cause of action regarding a shipment of property accrues on the delivery or tender of the property by the carrier.
(f)In this section, "overcharge" means a charge for transportation services in excess of the lawfully applicable amount.
Legislative history
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.