(a) A person may not require indemnification from a motor carrier as a condition to:
(1) the transportation of property for compensation or hire by the carrier;
(2) entrance on property by the carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(3) a service incidental to an activity described by Subdivision (1) or (2), including storage of property.
(b) Subsection (a) does not apply to:
(1) a claim arising from damage or loss from a wrongful or negligent act or omission of the carrier; or
(2) services or goods other than those described by Subsection (a).

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Terms Used In Texas Transportation Code 623.0155

  • Contract: A legal written agreement that becomes binding when signed.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005

(c) In this section, “motor carrier” means a common carrier, specialized carrier, or contract carrier that transports property for hire. The term does not include a person who transports property as an incidental activity of a nontransportation business activity regardless of whether the person imposes a separate charge for the transportation.
(d) A provision that is contrary to Subsection (a) is not enforceable.

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