Texas Binding vs Not-to-Exceed Moving Proposals: What Must Be in Writing
James Brazil lives in Mérida, Mexico. He founded Swift Agent Sites and studied Classics at the University of Mississippi.
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For a household goods move inside Texas, TxDMV rules say the mover must give you a written binding or not-to-exceed proposal before anything goes on the truck. That paper sets the price (or the maximum), names the services, and becomes part of your moving contract once you accept it and the shipment moves.
A phone quote is not enough. The Jan. 2025 TxDMV consumer brochure and 43 TAC 218.56 spell out what belongs in that proposal, what you owe at delivery, and how claims and mediation work if something goes wrong.
What is a binding proposal vs a not-to-exceed proposal?
A binding proposal locks in the exact price for the services listed. If the mover sticks to that list, that is what you pay.
A not-to-exceed (NTE) proposal sets a maximum. The final bill can come in under that number, but it cannot go over it for the listed services.
Either type is fine under TxDMV rules. What is not fine is loading without a written proposal that clearly says which kind you got. Hourly jobs can omit a full hour count if you sign a written acknowledgment, but the proposal still has to state a maximum dollar amount.
What must be on the written proposal?
Before loading, the proposal should include:
- The mover's name and registration number exactly as they appear on the TxDMV certificate
- A street address for the company
- A clear label that the proposal is binding or not-to-exceed
- A description of the shipment and services, plus a note that additional items and services may cost more
- When payment is due
- Which forms of payment the mover accepts
- A liability disclosure (how loss or damage is valued)
You also need a moving services contract before loading. When you accept the proposal and the shipment is transported, the proposal becomes an addendum to that contract. Keep both papers with your move folder.
If someone wants to start loading and "paper it later," that is out of line with TxDMV practice. For the license check itself, see how to vet a Texas moving company.
How much do I owe at delivery?
On a binding proposal, you owe the binding price for the listed services (plus any agreed add-ons you approved in writing).
On a not-to-exceed proposal, you owe no more than the maximum on that proposal for the listed services. TxDMV's consumer guidance is that payment at delivery is tied to the maximum set out in the proposal. Do not let a crew demand a higher cash total at the curb for work already covered by that paper.
Extra items you add mid-move (another dresser, packing the garage, stairs that were not listed) can raise the bill. That is why the required language about additional items and services matters. Get those changes in writing before they happen when you can.
Is mover liability the same as insurance?
No. Liability on the proposal is the mover's responsibility for loss or damage under the contract. It is not the same as buying insurance.
TxDMV materials use a simple example: limited liability can be as low as 60 cents per pound. A 50-pound TV would then be valued at about $30 if that is the level you accepted. You and the mover can also agree to other amounts, including zero in some cases. Ask in writing which level applies, whether you can buy higher coverage, and how claims are handled.
Then call your own homeowners or renters agent. Some policies cover goods in transit. Some do not. Sorting that out before move day is easier than after a cracked dresser.
How do Texas mover claims and mediation work?
If something is lost or damaged:
- File a written claim within 90 days of delivery.
- The mover has 23 days to acknowledge the claim.
- The mover has 90 days to pay, deny, or settle.
- Preserve damaged goods so they can be inspected. The mover may inspect within 30 days of the claim.
If the response is unsatisfactory, or you get no response after those 90 days from the claim, you can request mediation through TxDMV within 35 days after that point. Keep photos, inventory notes, the proposal, the contract, and every email or text.
Complaints and mediation go through TxDMV: TxDMV.gov, 1-888-368-4689, or TruckStop@TxDMV.gov. For broader red-flag patterns and complaint paths, see unlicensed movers in Texas.
Does this apply to interstate moves into Texas?
No. Binding and not-to-exceed proposals under 43 TAC 218.56 apply to household goods moves that stay inside Texas with a TxDMV-certified carrier.
Moves that cross a state line fall under FMCSA rules instead. Those jobs use federal estimate and bill-of-lading requirements, not the Texas binding/NTE proposal form. Our guides to local Texas move vs interstate rules and moving to Texas interstate estimates cover which regulator applies.
FAQ
Do I need both a proposal and a contract? Yes. TxDMV expects a written binding or not-to-exceed proposal and a moving services contract before loading. The accepted proposal becomes an addendum to the contract when the shipment moves.
Can an hourly Texas move skip listing hours? Hours can be omitted if you give a written acknowledgment, but the proposal still must state a maximum amount and clearly say binding or not-to-exceed.
What if the crew asks for more money than the proposal at delivery? For listed services, payment at delivery should not exceed the binding price or the not-to-exceed maximum. Ask them to show where the extra charge appears on the signed proposal or a written change you approved.
Is 60 cents per pound insurance? No. That figure is an example of limited liability valuation, not a separate insurance policy. Confirm your liability level in writing and check your own insurance for transit coverage.
Where do I complain about a Texas mover? Start with the company in writing, then contact TxDMV (TxDMV.gov, 1-888-368-4689, TruckStop@TxDMV.gov). Mediation requests have a 35-day window after an unsatisfactory claim outcome or no response after 90 days from the claim.
Next step
Ask every Texas household goods mover for a written binding or not-to-exceed proposal and a contract before the truck is loaded. Read the liability line, the payment terms, and the maximum. Talk with a licensed local mover, compare the paperwork, and keep copies until claims windows close.
Sources: TxDMV Moving Tips PDF (Jan. 2025 consumer materials), 43 TAC 218.56 (Texas Administrative Code), TxDMV Truck Stop, TxDMV mover complaints.
General notes for moves in and to Texas. Not a quote or a recommendation of any specific company. Confirm details with the mover you hire.
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