Tex. Bus. & Com. Code § 7.403 · Subchapter D. WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS
OBLIGATION OF WAREHOUSE OR CARRIER TO DELIVER; EXCUSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with Subsections (b) and (c), unless and to the extent that the bailee establishes any of the following:
(1) delivery of the goods to a person whose receipt was rightful as against the claimant;
(2) damage to or delay, loss, or destruction of the goods for which the bailee is not liable;
(3) previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;
(4) the exercise by a seller of its right to stop delivery pursuant to Section 2.705 or by a lessor of its right to stop delivery pursuant to Section 2A.526;
(5) a diversion, reconsignment, or other disposition pursuant to Section 7.303;
(6) release, satisfaction, or any other fact affording a personal defense against the claimant; or
(7) any other lawful excuse.
(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is one against which the document of title does not confer a right under Section 7.503(a):
(1) the person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
(2) the bailee shall cancel the document or conspicuously indicate in the document the partial delivery or be liable to any person to which the document is duly negotiated.
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 1, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.7.htm
- Text hash
- sha256 0203789adecc9f40d562d91592cfbe7eca18da5de5f114154ab8f4bf1701b306
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2.705SELLER'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.Printed as Section 2.705
- Tex. Bus. & Com. Code § 2A.526LESSOR'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.Printed as Section 2A.526
- Tex. Bus. & Com. Code § 7.303DIVERSION; RECONSIGNMENT; CHANGE OF INSTRUCTIONS.Printed as Section 7.303
- Tex. Bus. & Com. Code § 7.503DOCUMENT OF TITLE TO GOODS DEFEATED IN CERTAIN CASES.Printed as Section 7.503(a)
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 7.403. Each shows the citation as that text prints it.
Agriculture Code
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