(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).
- (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.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(a);
Acts 1997, 75th Leg., ch. 1061, Sec. 19.