(a) Subject to Subsection (b), a railroad company is liable to the owner for the value of all stock killed or injured by the company's locomotives and cars operating over the company's railways, regardless of whether the county or subdivision of a county in which the death or injury occurs has, under Subchapter B or D, Chapter 143, Agriculture Code, prohibited certain animals from running at large.
(b) A railroad company that fences its railway is liable only for injury to stock that results from a want of ordinary care.
Official text of the Texas Transportation Code as published by the Texas Legislative Council.