By Ellis S.B. No. 847
74R7018 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to navigation and the regulation of piloting, pilotage
1-3 rates, and the licensing and certification of certain pilots for
1-4 ports in this state; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 128, Revised Statutes, is amended by adding
1-7 Article 8279 to read as follows:
1-8 Art. 8279. STATE LICENSE FOR BRANCH PILOTS AND DEPUTY PILOTS
1-9 Sec. 1. DEFINITIONS. In this article:
1-10 (1) "Board" means a board of pilot commissioners,
1-11 navigation and canal commissioners, or other entity operating under
1-12 Chapter 9 or 10, Title 128, Revised Statutes, that has the
1-13 authority to regulate pilots or recommend pilots for licensing to
1-14 the governor.
1-15 (2) "Consignee" means a person, including a master,
1-16 owner, agent, subagent, firm, or corporation or any combination of
1-17 those persons, who enters or clears a vessel at the office of the
1-18 collector of customs.
1-19 (3) "Pilot" means a person who is licensed as a branch
1-20 pilot or certified as a deputy branch pilot under this article.
1-21 (4) "Pilotage rate" means the remuneration a pilot may
1-22 lawfully charge a vessel for pilot services.
1-23 (5) "Pilot services" means acts of a pilot in
1-24 conducting a vessel through the navigable water and ports in this
2-1 state.
2-2 (6) "Port" means a place into which a vessel enters or
2-3 from which a vessel departs. If the port connects to the Gulf of
2-4 Mexico, the term includes the waterway leading to that port from
2-5 the Gulf of Mexico.
2-6 (7) "Vessel" means an oceangoing, self-propelled
2-7 vessel.
2-8 Sec. 2. LICENSE OR CERTIFICATE REQUIRED. A person may not
2-9 provide pilot services unless the person has:
2-10 (1) a branch pilot's license and commission issued by
2-11 the governor; or
2-12 (2) a deputy branch pilot's certificate issued by a
2-13 board under this article.
2-14 Sec. 3. STATEWIDE APPLICATION; ENDORSEMENTS. (a) A license
2-15 or certificate issued under this article authorizes the pilot to
2-16 provide pilot services in all water and ports of this state.
2-17 (b) A board by rule may issue a license or certificate
2-18 endorsement in addition to the license or certificate to a pilot
2-19 who presents evidence satisfactory to the board of particular
2-20 knowledge and competence in navigation in the water under the
2-21 board's jurisdiction. The board may not require the endorsement as
2-22 a condition to provide pilot services for ports under the board's
2-23 jurisdiction.
2-24 Sec. 4. QUALIFICATIONS FOR LICENSE. To be eligible for a
2-25 license as a branch pilot, a person must:
2-26 (1) be at least 25 years of age;
2-27 (2) be a United States citizen;
3-1 (3) as of the date the license is issued, have resided
3-2 continuously in this state for at least one year;
3-3 (4) be licensed under federal law to act as a pilot on
3-4 vessels that navigate water on which the applicant will furnish
3-5 pilot services;
3-6 (5) have been graduated from an accredited high school
3-7 or passed a high school equivalency examination;
3-8 (6) have at least two years' service as a deputy
3-9 branch pilot or equivalent service piloting vessels of at least
3-10 5,000 gross tons within the board's jurisdiction;
3-11 (7) have commanded or controlled the navigation of
3-12 vessels similar to those the person would pilot;
3-13 (8) have extensive experience in the docking and
3-14 undocking of vessels; and
3-15 (9) possess the requisite skill as a navigator and
3-16 pilot to perform competently and safely the duties of a branch
3-17 pilot.
3-18 Sec. 5. QUALIFICATIONS FOR CERTIFICATE. To be eligible for
3-19 a certificate as a deputy branch pilot, a person must:
3-20 (1) be at least 25 years of age;
3-21 (2) be a United States citizen;
3-22 (3) have graduated from an accredited high school or
3-23 passed a high school equivalency examination;
3-24 (4) hold a license under federal law to act as a pilot
3-25 on vessels that navigate water on which the applicant will furnish
3-26 pilot services; and
3-27 (5) possess the requisite skill to perform competently
4-1 and safely the duties of a deputy branch pilot.
4-2 Sec. 6. APPLICATION FOR LICENSE OR CERTIFICATE. To apply
4-3 for a branch pilot's license or a deputy branch pilot's
4-4 certificate, a person must give to the board a written application
4-5 in the form and manner required by board rule.
4-6 Sec. 7. FEES. (a) The board by rule shall set the fees for
4-7 license and certification applications, original and renewal
4-8 licenses and certifications, and examinations. The board shall set
4-9 the fees in amounts reasonable and necessary to cover the costs of
4-10 administering the pilots' licensing program in the board's
4-11 jurisdiction.
4-12 (b) A board may use fees collected under this section to pay
4-13 the reasonable costs incurred by that board in administering the
4-14 pilots' licensing program in the board's jurisdiction.
4-15 Sec. 8. CONSIDERATION OF APPLICATION. (a) The board shall
4-16 carefully consider each application and shall conduct any
4-17 investigation it considers necessary to determine whether an
4-18 applicant is qualified for a license or certificate.
4-19 (b) As part of its consideration of applications for
4-20 licenses and certificates, the board may develop and administer
4-21 examinations to determine an applicant's knowledge of piloting and
4-22 management of vessels.
4-23 (c) As part of its consideration of applications for
4-24 endorsements to licenses and certificates, the board may develop
4-25 and administer examinations to determine an applicant's knowledge
4-26 of the water under the board's jurisdiction.
4-27 Sec. 9. UNFAIR DISCRIMINATION PROHIBITED. (a) In all its
5-1 duties, including rule making, the board may not permit
5-2 discriminatory practices and may not discriminate against a pilot
5-3 or pilot applicant because of race, religion, sex, color, national
5-4 origin, disability, or age.
5-5 (b) In addition to the application of Section 19 of this
5-6 article, a person seeking a remedy for a violation of this section
5-7 may bring suit in a district court in the county in which the
5-8 violation occurred.
5-9 Sec. 10. BRANCH PILOT APPOINTMENT BY GOVERNOR. (a) On
5-10 filing of the bond and oath required by Section 12 of this article,
5-11 the board shall certify to the governor that a person licensed as a
5-12 branch pilot has qualified.
5-13 (b) On receipt of the board's certification, the governor
5-14 shall issue to the person, in the name of the state and under the
5-15 state seal, a commission to serve as a branch pilot to and from the
5-16 ports of this state.
5-17 Sec. 11. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT;
5-18 RESTRICTIONS. (a) Each branch pilot may appoint, subject to
5-19 examination and approval by the board, two deputy branch pilots for
5-20 whose acts the branch pilot is responsible.
5-21 (b) A branch pilot may appoint an additional deputy branch
5-22 pilot if the board considers the appointment advisable.
5-23 (c) The board may not approve an appointment if the
5-24 appointee is related to the branch pilot within the second degree
5-25 by affinity or within the third degree by consanguinity, as
5-26 determined under Subchapter B, Chapter 573, Government Code.
5-27 (d) A branch pilot who appoints a deputy branch pilot
6-1 without the approval of the board forfeits the pilot's appointment
6-2 as a branch pilot.
6-3 Sec. 12. OATH; BOND. (a) A person appointed as a pilot
6-4 must take the official oath before entering service as a pilot.
6-5 The oath shall be endorsed on the bond required by Subsection (b).
6-6 (b) Each pilot must execute a $25,000 bond payable to the
6-7 state and conditioned on compliance with the laws, rules, and
6-8 orders relating to pilots and on the faithful performance of the
6-9 pilot's duties.
6-10 (c) Each bond must be approved by the board.
6-11 Sec. 13. TERMS OF LICENSES AND CERTIFICATES. (a) A branch
6-12 pilot's license expires on the fourth anniversary of the date it is
6-13 issued or renewed.
6-14 (b) A deputy branch pilot's certificate expires on the
6-15 second anniversary of the date it is issued and may not be renewed.
6-16 Sec. 14. BRANCH PILOT'S LICENSE RENEWAL. (a) The governor
6-17 shall renew a branch pilot's expiring license if the board
6-18 recommends renewal.
6-19 (b) If a pilot applies in writing and qualifies, the board
6-20 shall recommend renewal unless the board determines there is
6-21 probable cause not to renew the license.
6-22 (c) Probable cause not to renew a license exists if the
6-23 board finds that the license holder does not possess a
6-24 qualification required by this article for pilots.
6-25 (d) If the board determines that it may have probable cause
6-26 not to renew a license, the board shall notify the license holder
6-27 of that determination not later than the 60th day before the date
7-1 the license expires. On request, the board shall provide a
7-2 hearing to consider whether the board has cause not to recommend
7-3 renewal of the license.
7-4 (e) If the board finds at the conclusion of the hearing that
7-5 the board lacks probable cause for nonrenewal of the license, the
7-6 board shall recommend that the governor renew the license.
7-7 (f) The board shall issue a written order recommending that
7-8 the governor not renew a license and the governor may not renew the
7-9 license if:
7-10 (1) the pilot does not contest the board's decision
7-11 not to renew the license; or
7-12 (2) the board after a hearing finds that it has
7-13 probable cause not to renew the license.
7-14 (g) The denial of renewal of a pilot's license does not
7-15 prohibit the pilot from applying for a new license and being
7-16 reappointed.
7-17 (h) Chapter 2001, Government Code, applies to a hearing
7-18 under this section.
7-19 Sec. 15. DEPUTY BRANCH PILOT. A person who has been issued
7-20 a deputy branch pilot's certificate may not be issued a deputy
7-21 branch pilot's certificate before the fifth anniversary of the date
7-22 the person was previously issued a deputy branch pilot's
7-23 certificate.
7-24 Sec. 16. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.
7-25 (a) On complaint or on its own motion, and after notice and
7-26 hearing, the board may suspend a branch pilot's license for not
7-27 more than six months or recommend that the governor revoke a branch
8-1 pilot's license if the board finds that the pilot has:
8-2 (1) failed to demonstrate and maintain the
8-3 qualifications for a license required by this chapter;
8-4 (2) used narcotics or other types of drugs, chemicals,
8-5 or controlled substances as defined by law that impair the pilot's
8-6 ability to perform the pilot's duties skillfully and efficiently;
8-7 (3) used alcohol to an extent that impairs the pilot's
8-8 ability to perform the pilot's duties skillfully and efficiently;
8-9 (4) violated a provision of this article or rules
8-10 adopted by the board under this article;
8-11 (5) made a material misstatement in the application
8-12 for a license;
8-13 (6) obtained or attempted to obtain a license under
8-14 this chapter by fraud or misrepresentation;
8-15 (7) intentionally failed to comply with an order of
8-16 the board;
8-17 (8) charged a pilotage rate other than that approved
8-18 by the board;
8-19 (9) intentionally refused to pilot or neglected to
8-20 board promptly a vessel when requested to do so by the master or
8-21 person responsible for navigation of the vessel except when, in the
8-22 judgment of the pilot, movement of the vessel constitutes a hazard
8-23 to life or property or when pilotage charges that are due and owing
8-24 are unpaid by the person ordering the pilot services;
8-25 (10) intentionally caused damage to a vessel;
8-26 (11) been absent from duty in violation of board rules
8-27 and without authorization;
9-1 (12) aided or abetted another pilot in failing to
9-2 perform the other pilot's duties; or
9-3 (13) been guilty of carelessness, neglect of duty,
9-4 intentional unavailability for performance of duties, refusal to
9-5 perform duties, misconduct, or incompetence while on duty.
9-6 (b) If the federal pilot's license of a pilot licensed under
9-7 this article is suspended or revoked, the board, on a finding that
9-8 it has good cause, shall suspend the license for the same period or
9-9 revoke the license under this article.
9-10 (c) On determining that a license should be suspended or
9-11 revoked, the board shall adopt a written order that states its
9-12 findings and:
9-13 (1) suspends the license for a stated period; or
9-14 (2) recommends to the governor revocation of the
9-15 license.
9-16 (d) The governor, on receipt of a board order recommending
9-17 revocation of a license, shall revoke the license.
9-18 (e) A suspension of a license takes effect on adoption of
9-19 the board's order. A revocation of a branch pilot's license takes
9-20 effect on issuance of the governor's decision.
9-21 Sec. 17. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S
9-22 CERTIFICATE. A deputy branch pilot's certificate may be suspended
9-23 or revoked by the board in the same manner and for the same reasons
9-24 as provided for the revocation or suspension of a branch pilot's
9-25 license by Section 16 of this article.
9-26 Sec. 18. LIABILITY TO PILOT. (a) A person who is not a
9-27 pilot and who, in violation of this article, pilots a vessel and
10-1 the consignee of the vessel are liable to a pilot, on written
10-2 demand, for the amount of the applicable pilotage rate.
10-3 (b) In an action to recover compensation under Subsection
10-4 (a), the court may include in a judgment in favor of a pilot an
10-5 award of court costs and reasonable attorney's fees.
10-6 Sec. 19. CRIMINAL PENALTY. (a) A person commits an offense
10-7 if the person acts as a branch pilot without a license issued under
10-8 this article.
10-9 (b) A person commits an offense if the person acts as a
10-10 deputy branch pilot without a license issued under this article.
10-11 (c) A person commits an offense if the person violates
10-12 Section 9(a) or 11(c) of this article.
10-13 (d) An offense under this article is a Class A misdemeanor.
10-14 SECTION 2. Articles 8250-8252, 8255, 8256, 8258-8260, 8265,
10-15 8267-8270, and 8276, Revised Statutes, are amended to read as
10-16 follows:
10-17 Art. 8250. SUPERVISION OF PILOTS. (a) The right, power and
10-18 authority is hereby granted to such commission to appoint, suspend
10-19 or dismiss from office, branch pilots or deputy pilots of their
10-20 respective ports, and to examine and determine upon their
10-21 qualifications.
10-22 (b) The board shall perform its duties under this article in
10-23 compliance with Article 8279, Revised Statutes. <No branch pilot
10-24 or deputy pilot shall be suspended or dismissed except for
10-25 misconduct, inefficiency, or inebriety on duty, and after due
10-26 hearing of accusation, testimony and defense before said board of
10-27 navigation and canal commissioners.>
11-1 Art. 8251. APPLICANT'S QUALIFICATIONS. (a) Before making
11-2 any appointments as branch pilot or deputy pilots, the
11-3 commissioners shall examine and determine upon the qualifications
11-4 for office of each applicant for the position of branch pilot or
11-5 deputy pilot<; and shall require of each of said applicants such
11-6 terms of residence in this State preceding such appointment as they
11-7 may deem advisable, not to exceed two years>.
11-8 (b) The board shall perform its duties under this article in
11-9 compliance with Article 8279, Revised Statutes.
11-10 Art. 8252. POWERS OF BOARD. (a) The right, power and
11-11 authority is further granted to such commissioners to fix and
11-12 approve rates of pilotage between the Gulf of Mexico and their
11-13 respective ports, as well as intermediate stops or landing places
11-14 for such boats, upon navigable streams wholly or partly within such
11-15 districts; and to make, adopt and enforce all rules and regulations
11-16 which they deem advisable in the matter of <appointment,
11-17 qualification and regulation of pilots and deputy pilots as may be
11-18 needed for the government of pilots and their deputy pilots and>
11-19 the proper operation of their respective ports, not inconsistent
11-20 with the Federal regulations thereof, the Constitution of Texas, or
11-21 the provisions of this law.
11-22 (b) The board of commissioners may adopt rules relating to
11-23 the appointment, qualification, and regulation of pilots and deputy
11-24 pilots in compliance with Article 8279, Revised Statutes.
11-25 Art. 8255. PILOTAGE CHARGES. The rates of pilotage charged
11-26 by the pilots operating under this law shall at all times be fair
11-27 and just, and a schedule of such rates shall at all times be on
12-1 file in the office of the district commissioners, said schedule to
12-2 be furnished by the pilots and strictly adhered to by them;
12-3 provided that each time a change in the rate shall be effected, a
12-4 revised schedule shall be filed as above specified. Whenever a
12-5 vessel subject to compulsory pilotage under the Texas Compulsory
12-6 Pilotage Act (Article 8278, Revised Statutes)<, (except vessels of
12-7 twenty tons or under and all vessels excepted by Federal statutes
12-8 and regulations)> shall decline the services of a pilot operating
12-9 under this law, offered outside the bar, and shall enter any
12-10 channel subject to the jurisdiction of such navigation district,
12-11 without the aid of a pilot <operating under this law>, such vessel
12-12 shall be liable to the first pilot <operating under this law> whose
12-13 services she had declined, for the payment of half-pilotage; and
12-14 any vessel which, after being brought in by a pilot <operating
12-15 under this law>, shall go without employing one, shall be liable to
12-16 the payment of half-pilotage to the pilot <operating under this
12-17 law> who brought her in; or if she has come in without the aid of a
12-18 <such> pilot, though offered outside, she shall, on so going out,
12-19 be liable for the payment of one-half pilotage to the pilot
12-20 <operating under this law> who has first offered his services
12-21 before she came in.
12-22 Art. 8256. CONSIGNEE LIABLE FOR PILOTAGE. The consignee of
12-23 any vessel shall be held responsible to a pilot <pilots operating
12-24 under this law> for the pilotage of said vessel or services
12-25 offered, and such pilot <pilots> shall be entitled to recover same
12-26 from the consignee of said vessel in any court of competent
12-27 jurisdiction.
13-1 Art. 8258. PILOTS FOR MOUTH OF BRAZOS. The Governor shall
13-2 also appoint a sufficient number of competent pilots to ensure the
13-3 availability of pilots for the mouth of the Brazos River, and whose
13-4 terms of office, mode of qualification, and pilotage shall be <the
13-5 same> as prescribed under Article 8279, Revised Statutes <in the
13-6 preceding articles for branch pilots; and they shall be entitled to
13-7 all the privileges and shall exercise all the powers, and discharge
13-8 all the duties prescribed for branch pilots, and be subject to like
13-9 penalties. The county judge of Brazoria County shall approve the
13-10 bond of any such pilot>.
13-11 Art. 8259. PILOTS FOR MATAGORDA AND LAVACA BAYS. The
13-12 Governor shall also appoint not less than two nor more than four
13-13 competent pilots on the recommendation of the pilot board for
13-14 Matagorda and Lavaca Bays, from Pass Cavallo to Indianola and
13-15 Lavaca, who shall hold their offices <for the same term as branch
13-16 pilots,> and whose mode of qualification, powers and privileges<,
13-17 insofar as the same are applicable,> shall be as prescribed under
13-18 Article 8279, Revised Statutes <the same; the bonds of such pilots
13-19 shall be approved by the county judge of Calhoun County. The rate
13-20 of pilotage for said bays shall be $2.50 for each foot of water the
13-21 vessel may draw at the time of piloting; and all vessels that may
13-22 draw five feet or more shall be subject to pay any licensed pilot
13-23 for said bays, whose services are tendered and declined, one-half
13-24 the pilotage herein prescribed>.
13-25 Art. 8260. RULES FOR BRANCH PILOTS APPLICABLE. All the
13-26 provisions of this chapter relating to branch pilots at ports,
13-27 insofar as the same are applicable and not expressly qualified,
14-1 shall apply to and govern pilots serving <appointed for> the mouth
14-2 of the Brazos River and <for> Matagorda and Lavaca Bays. <If any
14-3 person not a licensed pilot or deputy shall pilot any vessel into
14-4 or out of the mouth of said river or through the channel of said
14-5 bays, up or down, he shall forfeit and pay to any pilot licensed or
14-6 commissioned for the mouth of said river, or for said bays, full
14-7 pilotage for such vessel, to be recovered by suit.>
14-8 Art. 8265. DUTIES OF BOARD. (a) Said board of
14-9 commissioners shall be authorized, if they deem it advisable, to
14-10 examine and decide on the qualifications of any branch or deputy
14-11 pilot whom they find already appointed at the time of their
14-12 organization; and it shall be their duty to examine each new
14-13 applicant for the office of branch or deputy pilot, and to decide
14-14 on his qualifications, recommending to the Governor, where new
14-15 appointments are proper, such as are meritorious; and it shall also
14-16 be their duty to examine into any cause of alleged or supposed
14-17 misconduct or inefficiency in branch or deputy pilots<; and they
14-18 shall be authorized, after a due hearing of accusation testimony
14-19 and defense, to suspend such pilot if sufficient cause appear, and
14-20 during such suspension he shall not be allowed to exercise the
14-21 functions of his office>; the Governor shall, however, have power
14-22 at his will and pleasure to remove any branch pilot, or to
14-23 reinstate any one of the same who has been suspended by the
14-24 commissioners.
14-25 (b) The board shall perform its duties under this article in
14-26 compliance with Article 8279, Revised Statutes.
14-27 Art. 8267. REGULATIONS AND RATES. (a) <(A)> The board shall
15-1 have authority, by rule <within the limits provided in this
15-2 subdivision,> to fix reasonable rates of pilotage, and to establish
15-3 regulations respecting the stations whereat and the times wherein
15-4 pilots shall be on duty, with provisions for leave of absence; as
15-5 also respecting the class, condition, number and use of pilot
15-6 boats, and such other minor regulations, compatible with the
15-7 provisions of this subdivision, as may be needed for the government
15-8 of pilots and for the order and good effect of the proceedings of
15-9 the board, of which proceedings a record shall be kept; provided no
15-10 regulation shall be adopted repugnant to the Constitution.
15-11 <(B) The commissioners of pilots in no case shall authorize
15-12 or fix a rate or rates of pilotage applicable to any port in
15-13 Galveston County differing from the rate in effect at the time of
15-14 this enactment unless and until the following procedure has been
15-15 completed:>
15-16 <(1) An application for the establishment of a new
15-17 rate of pilotage has been filed with each commissioner by one or
15-18 more pilots or by the owner, agent, or other person defined as
15-19 "consignee" of a vessel in Article 8276 of this Title, provided
15-20 such application for increase or decrease of rates shall contain a
15-21 brief statement of the circumstances which it is alleged warrant
15-22 the requested action of the commissioners and shall also contain a
15-23 certificate that the applicant has submitted copies of the
15-24 application to all known pilots and such associations of
15-25 "consignees" as defined in Article 8276 of this Title, as are
15-26 operating in Galveston County at the time of the application.>
15-27 <(2) In the event the notice required is in fact given
16-1 and no written objection on the part of any legitimately interested
16-2 party is received by any commissioner within 20 days after said
16-3 notice is sent, the commissioners shall proceed to act upon the
16-4 application as they see fit without further proceedings, and file
16-5 their action thereupon with the county clerk as provided in
16-6 Subparagraph (9), within 20 days after the initial 20-day notice
16-7 period.>
16-8 <(3) In the event any commissioner receives in writing
16-9 an objection to the application from any person, firm, or
16-10 corporation who appears to have a legitimate interest in the
16-11 application within 20 days after notice of the filing of the
16-12 application was given, the commissioners shall hold a hearing
16-13 within 20 days after expiration of the initial 20-day notice period
16-14 for the filing of and objection to the application and shall notify
16-15 the applicants, the persons objecting to the application and such
16-16 other parties as the commissioners may, in their sole discretion,
16-17 determine to be interested in the proceedings, and shall file their
16-18 decision with the county clerk as provided in Subparagraph (9),
16-19 within 20 days after the close of the hearing.>
16-20 <(4) Said hearing shall be held at a convenient and
16-21 public place in any one of the ports affected and shall be open to
16-22 the public. At the hearing all parties, upon demonstrating a
16-23 legitimate interest in the application, shall have the right to be
16-24 heard, to present evidence and, to the extent deemed practical by
16-25 the commissioners, cross-examine the witnesses appearing to testify
16-26 at the hearing.>
16-27 <(5) After the receipt of the evidence offered by the
17-1 parties and such arguments and briefs as the commissioners may
17-2 desire to receive, the application shall be granted, denied, or
17-3 modified by the commissioners.>
17-4 <(6) In determining their action upon any application
17-5 the commissioners shall consider:>
17-6 <(a) The effect which the granting, refusal, or
17-7 modification of the application would have upon the port or ports
17-8 within the jurisdiction of the commissioners and the citizens
17-9 residing in it;>
17-10 <(b) The assurance of an adequate and reasonable
17-11 compensation to the pilots and a fair return upon the equipment and
17-12 vessels which they employ in connection with their duties;>
17-13 <(c) The relationship between the pilotage rates
17-14 in the ports under the commissioners' jurisdiction and the rates
17-15 applying in other ports of this state and competitive ports in
17-16 other states.>
17-17 <(7) The action of the commissioners in granting,
17-18 denying, or modifying the application shall be final provided it is
17-19 supported by substantial evidence.>
17-20 <(8) The commissioners shall have the authority to
17-21 assess the actual cost of reporting and secretarial services
17-22 necessarily incurred in connection with any hearing against one or
17-23 more of the applicants and/or objecting parties as shall appear to
17-24 the commissioners to be fair and just. The commissioners may
17-25 further require that any applicant or objecting party deposit a sum
17-26 against said cost as a condition of presenting its application or
17-27 objection. The costs authorized by this paragraph shall be
18-1 strictly limited to the actual and reasonable cost of reporting and
18-2 stenographic services.>
18-3 <(9) A copy of the commissioners' order with respect
18-4 to the application shall be filed in the office of the county clerk
18-5 and said order shall state when it is effective. No pilotage
18-6 charges in excess of those in existence at the time of the passage
18-7 of this Act shall be made with respect to the ports of Galveston
18-8 County except pursuant to such an order so filed by the
18-9 commissioners. Pilotage rates for the ports of Galveston County
18-10 properly fixed pursuant to this Article shall not be subject to the
18-11 maximum limits contained in Article 8274.>
18-12 <(C) The commissioners of pilots in no case shall authorize
18-13 or fix a rate or rates of pilotage applicable to the public ports
18-14 of Beaumont, Orange or Port Arthur, Texas, or of the privately
18-15 owned docks or terminals in Orange or Jefferson Counties, Texas,
18-16 differing from the rate in effect at the time of this enactment
18-17 unless and until the following procedure has been completed:>
18-18 <(1) An application for the establishment of a new
18-19 rate of pilotage in one of the counties has been filed with each
18-20 commissioner by pilot associations or by the owner, agent, or other
18-21 person defined as "consignee" of a vessel in Article 8276 of this
18-22 Title, provided such "consignee" maintains an office in the county
18-23 in which the application is filed, or by the Port of Port Arthur
18-24 Navigation District or the Orange County Navigation and Port
18-25 District or the Port of Beaumont Navigation District, which
18-26 application for increase or decrease of rates shall contain a brief
18-27 statement of the circumstances which it is alleged warrant the
19-1 requested action of the commissioners and shall also contain a
19-2 certificate that the applicant has submitted copies of the
19-3 application to all known pilot associations and navigational
19-4 districts and associations of "consignees" as defined in Article
19-5 8276 of this Title, as are operating in the counties at the time of
19-6 the application.>
19-7 <(2) In the event the notice required is in fact given
19-8 and no written objection on the part of any legitimately interested
19-9 party is received by any commissioner within 20 days after said
19-10 notice is sent, the commissioners shall proceed to act upon the
19-11 application as they see fit without further proceedings, and file
19-12 their action thereupon with the appropriate county clerks as
19-13 provided in Subparagraph (8), within 20 days after the initial
19-14 20-day notice period.>
19-15 <(3) In the event any commissioner receives in writing
19-16 an objection to the application from any person, firm, or
19-17 corporation who appears to have a legitimate interest in the
19-18 application within 20 days after notice of the filing of the
19-19 application was given, the commissioners shall hold a hearing
19-20 within 20 days after expiration of the initial 20-day notice period
19-21 for the filing of and objection to the application and shall notify
19-22 the applicants, the persons objecting to the application and such
19-23 other parties as the commissioners may, in their sole discretion,
19-24 determine to be interested in the proceedings, and shall file their
19-25 decision with the appropriate county clerks as provided in
19-26 Subparagraph (8), within 20 days after the close of the hearing.>
19-27 <(4) Said hearing shall be held at a convenient and
20-1 public place in any one of the ports affected and shall be open to
20-2 the public. At the hearing all parties, upon demonstrating a
20-3 legitimate interest in the application, shall have the right to be
20-4 heard, to present evidence and, to the extent deemed practical by
20-5 the commissioners, cross-examine the witnesses appearing to testify
20-6 at the hearing.>
20-7 <(5) After the receipt of the evidence offered by the
20-8 parties and such arguments and briefs as the commissioners may
20-9 desire to receive, the application shall be granted, denied, or
20-10 modified by the commissioners. However, it is expressly provided
20-11 that no increase of rates to either the public ports of Beaumont,
20-12 Port Arthur or Orange, Texas, shall ever be set, established or
20-13 granted unless the Board of Commissioners of the Port of Beaumont
20-14 Navigation District, Port of Port Arthur Navigation District or
20-15 Orange County Navigation and Port District so affected shall
20-16 approve same.>
20-17 (b) <(6)> In determining pilotage rates under this article,
20-18 <their action upon any application> the commissioners shall
20-19 consider:
20-20 (1) the <(a) The effect which the granting, refusal,
20-21 or modification of the application would have upon the port or
20-22 ports within the jurisdiction of the commissioners and the citizens
20-23 residing in it;>
20-24 <(b) The> assurance of an adequate and reasonable
20-25 compensation to the pilots and a fair return upon the equipment and
20-26 vessels which they employ in connection with their duties; and
20-27 (2) the <(c) The> relationship between the pilotage
21-1 rates in the ports under the commissioners' jurisdiction and the
21-2 rates applying in other ports of this state and competitive ports
21-3 in other states.
21-4 <(7) The commissioners shall have the authority to
21-5 assess the actual cost of reporting and secretarial services
21-6 necessarily incurred in connection with any hearing against one or
21-7 more of the applicants and/or objecting parties as shall appear to
21-8 the commissioners to be fair and just. The commissioners may
21-9 further require that any applicant or objecting party deposit a sum
21-10 against said cost as a condition of presenting its application or
21-11 objection. The costs authorized by this paragraph shall be
21-12 strictly limited to the actual and reasonable cost of reporting and
21-13 stenographic services.>
21-14 <(8) A copy of the commissioners' order with respect
21-15 to the application shall be filed in the offices of the appropriate
21-16 county clerks and said order shall state when it becomes effective.
21-17 No pilotage charges in excess of those in existence at the time of
21-18 the passage of this Act shall be made with respect to the public
21-19 ports of Orange, Beaumont, Port Arthur or any privately owned docks
21-20 or terminals in Orange or Jefferson Counties, Texas, except
21-21 pursuant to such an order so filed by the commissioners. Pilotage
21-22 rates for the public ports of Orange, Beaumont, Port Arthur or any
21-23 privately owned docks or terminals in Orange or Jefferson Counties,
21-24 Texas, fixed pursuant to this Article shall not be subject to the
21-25 maximum limits contained in Article 8274.>
21-26 Art. 8268. SETTLEMENT OF DISPUTES. (a) The board shall be
21-27 authorized and required to hear and determine all disputes that may
22-1 arise respecting pilots and pilotage; to award to pilots extra
22-2 compensation for extra services to vessels in distress; as also
22-3 compensation for injurious loss of time incurred by pilots in
22-4 waiting on vessels or by being carried off to sea on vessels by
22-5 default of the master or owner when such pilots might have been
22-6 landed; <provided, always that no more than three dollars for each
22-7 day shall be awarded for mere loss of time;> and said board shall
22-8 superintend and generally attend to all matters appertaining to
22-9 pilots and pilotage; but from any decision of said board an appeal
22-10 may be taken to the court having cognizance of the case.
22-11 (b) A hearing conducted by the board under this article is
22-12 subject to Chapter 2001, Government Code.
22-13 Art. 8269. BOARDS IN SMALL PORTS. (a) At any port whose
22-14 population and circumstances do not warrant the appointment of a
22-15 board of commissioners of pilots in the manner before provided, the
22-16 Governor may authorize the county judge of the county to appoint a
22-17 provisional committee of from three to five persons of good
22-18 character and maritime experience who shall be authorized under
22-19 this chapter to establish the rates of pilotage and the rules for
22-20 governing pilots; to examine the qualifications of pilots and
22-21 applicants for the office; to investigate the case of any pilot
22-22 charged with misconduct or inefficiency, and to suspend him if
22-23 sufficient cause appear.
22-24 (b) A committee appointed under this article shall perform
22-25 its duties under this article in compliance with Article 8279,
22-26 Revised Statutes.
22-27 Art. 8270. APPOINTMENT. The Governor shall appoint <at
23-1 each of the ports and for all of the ports in Galveston County,>
23-2 such number of branch pilots as may from time to time be
23-3 necessary<, each of whom shall hold his office for the term of four
23-4 (4) years>.
23-5 Art. 8276. CONSIGNEE RESPONSIBLE FOR PILOTAGE. (a) The
23-6 consignee of any vessel shall be held responsible for the pilotage
23-7 of said vessel.
23-8 (b) For the purposes of this Article, "consignee" has the
23-9 meaning assigned by Section 1, Article 8279, Revised Statutes
23-10 <shall include (i) the master, (ii) the owner, (iii) the agent,
23-11 (iv) the sub-agent, and (v) any person, firm or corporation who
23-12 enters or clears said vessel of the Collector of Customs>.
23-13 (c) The pilot who serves said vessel, or who lawfully offers
23-14 to serve said vessel, shall be entitled to recover lawful pilot
23-15 fees, in any court of competent jurisdiction, jointly and severally
23-16 from any one or more of said persons, firms, or corporations.
23-17 SECTION 3. Sections 2.08 and 3.01, Houston Pilots Licensing
23-18 and Regulatory Act (Article 8280a, Vernon's Texas Civil Statutes),
23-19 are amended to read as follows:
23-20 Sec. 2.08. BOARD DUTIES. The board shall:
23-21 (1) establish the number of pilots necessary to
23-22 provide adequate pilot services for each port under the board's
23-23 jurisdiction;
23-24 (2) accept applications for pilot licenses and
23-25 certificates and determine whether or not each applicant meets the
23-26 qualifications for a pilot imposed under Article 8279, Revised
23-27 Statutes <in this Act>;
24-1 (3) submit to the governor lists of applicants found
24-2 by the board to be qualified for appointment as pilots;
24-3 (4) establish pilotage rates to be charged for
24-4 piloting vessels within the board's jurisdiction;
24-5 (5) approve the locations for pilot stations;
24-6 (6) establish times during which pilot services will
24-7 be available;
24-8 (7) hear and determine complaints relating to the
24-9 conduct of pilots;
24-10 (8) recommend to the governor any pilot whose license
24-11 or certificate should not be renewed or should be revoked;
24-12 (9) adopt rules and issue orders to pilots and vessels
24-13 when necessary to secure efficient pilot services within the
24-14 board's jurisdiction;
24-15 (10) institute investigations or hearings or both to
24-16 consider casualties, accidents, or any other action that violates
24-17 this Act;
24-18 (11) provide penalties to be imposed on any person who
24-19 is not appointed a branch pilot for the port who pilots any ship or
24-20 vessel into or out of the port, channel, or waterway under the
24-21 jurisdiction of the board if a branch pilot or deputy pilot
24-22 operating under this Act offered those services to the ship or
24-23 vessel.
24-24 Sec. 3.01. GENERAL PROCEDURES. Chapters 551 and 2001,
24-25 Government Code, apply <Except as specifically provided by this
24-26 Act, Chapter 271, Acts of the 60th Legislature, Regular Session,
24-27 1967, as amended (Article 6252-17, Vernon's Texas Civil Statutes),
25-1 applies> to actions and proceedings under this Act.
25-2 SECTION 4. Sections 2.08 and 3.01, Galveston County Pilots
25-3 Licensing and Regulatory Act (Article 8280b, Vernon's Texas Civil
25-4 Statutes), are amended to read as follows:
25-5 Sec. 2.08. BOARD DUTIES. The board shall:
25-6 (1) recommend to the governor the number of pilots
25-7 necessary to provide adequate pilot services for the ports under
25-8 the board's jurisdiction;
25-9 (2) accept applications for pilot licenses and
25-10 certificates and determine in compliance with Article 8279, Revised
25-11 Statutes, whether or not each applicant meets the qualifications
25-12 for a pilot or deputy pilot in this Act;
25-13 (3) provide names of all qualified applicants for
25-14 certificates to the pilot association office or offices of
25-15 Galveston County;
25-16 (4) submit to the governor the names of persons who
25-17 have qualified under this Act to be appointed as branch pilots for
25-18 the ports of Galveston County;
25-19 (5) approve any changes of the locations for pilot
25-20 stations;
25-21 (6) establish pilotage rates to be charged for
25-22 piloting vessels within the board's jurisdiction;
25-23 (7) establish times during which pilot services will
25-24 be available;
25-25 (8) hear and determine complaints relating to the
25-26 conduct of pilots;
25-27 (9) make recommendations to the governor concerning
26-1 any pilot whose license or certificate should not be renewed or
26-2 should be revoked;
26-3 (10) adopt rules and issue orders to pilots and
26-4 vessels when necessary to secure efficient pilot services within
26-5 the board's jurisdiction;
26-6 (11) institute investigations or hearings or both to
26-7 consider casualties, accidents, or any other action that violates
26-8 this Act;
26-9 (12) provide penalties to be imposed on any person who
26-10 is not appointed a branch pilot for the port who pilots any ship or
26-11 vessel into or out of the port, channel, or waterway under the
26-12 jurisdiction of the board;
26-13 (13) approve a training program for deputy branch
26-14 pilots; and
26-15 (14) establish a pilot review board consisting of two
26-16 branch pilots and three members of the marine industry, who reside
26-17 in Galveston County to hear and review complaints against pilots
26-18 and to make recommendations to the board concerning the complaints.
26-19 Sec. 3.01. GENERAL PROCEDURES. Chapters 551 and 2001,
26-20 Government Code, apply <Except as specifically provided by this
26-21 Act, Chapter 271, Acts of the 60th Legislature, Regular Session,
26-22 1967 (Article 6252-17, Vernon's Texas Civil Statutes), applies> to
26-23 actions and proceedings under this Act.
26-24 SECTION 5. Sections 2.08, 3.01, and 8.01, Brazoria County
26-25 Pilots Licensing and Regulatory Act (Article 8280c, Vernon's Texas
26-26 Civil Statutes), are amended to read as follows:
26-27 Sec. 2.08. BOARD DUTIES. The board shall:
27-1 (1) recommend to the governor the number of pilots
27-2 necessary to provide adequate pilot services for each port under
27-3 the board's jurisdiction;
27-4 (2) accept applications for pilot licenses and
27-5 certificates and determine in compliance with Article 8279, Revised
27-6 Statutes, whether each applicant meets the qualifications for a
27-7 pilot or deputy pilot in this Act;
27-8 (3) provide the names of all qualified applicants for
27-9 certificates to the pilot association;
27-10 (4) submit to the governor the names of persons who
27-11 have qualified under this Act to be commissioned as branch pilots;
27-12 (5) establish pilotage rates to be charged for
27-13 piloting vessels within the board's jurisdiction;
27-14 (6) approve the locations for pilot stations;
27-15 (7) establish times during which pilot services will
27-16 be available;
27-17 (8) hear and determine complaints relating to the
27-18 conduct of pilots;
27-19 (9) recommend to the governor any pilot whose license
27-20 or certificate should not be renewed or should be revoked;
27-21 (10) adopt rules and issue orders to pilots and
27-22 vessels when necessary to secure efficient pilot services within
27-23 the board's jurisdiction;
27-24 (11) institute investigations or hearings or both to
27-25 consider casualties, accidents, or any other action that violates
27-26 this Act;
27-27 (12) provide penalties to be imposed on any person who
28-1 is not appointed and commissioned a branch pilot for the port who
28-2 pilots any ship or vessel into or out of the port, channel, or
28-3 waterway under the jurisdiction of the board;
28-4 (13) approve a training program for deputy branch
28-5 pilots; and
28-6 (14) establish a pilot review board, consisting of two
28-7 branch pilots and three members of the marine industry who reside
28-8 in Brazoria County, to hear and review complaints against pilots
28-9 and to make recommendations to the board concerning the complaints.
28-10 Sec. 3.01. GENERAL PROCEDURES. Chapters 551 and 2001,
28-11 Government Code, apply <Except as specifically provided by this
28-12 Act, Chapter 271, Acts of the 60th Legislature, Regular Session,
28-13 1967 (Article 6252-17, Vernon's Texas Civil Statutes), applies> to
28-14 actions and proceedings under this Act.
28-15 Sec. 8.01. There is created the Brazos Pilots Association,
28-16 a nonprofit association, whose membership shall <include and> be
28-17 limited to each person who holds a valid license as a branch pilot
28-18 and who provides pilot services for the ports of Brazoria County.
28-19 SECTION 6. The following laws are repealed:
28-20 (1) Articles 8253-8254, 8257, 8266, 8271-8275, and
28-21 8277, Revised Statutes;
28-22 (2) Article 4, Houston Pilots Licensing and Regulatory
28-23 Act (Article 8280a, Vernon's Texas Civil Statutes);
28-24 (3) Article 4, Galveston County Pilots Licensing and
28-25 Regulatory Act (Article 8280b, Vernon's Texas Civil Statutes); and
28-26 (4) Article 4, Brazoria County Pilots Licensing and
28-27 Regulatory Act (Article 8280c, Vernon's Texas Civil Statutes).
29-1 SECTION 7. A board of pilot commissioners or other entity
29-2 operating under Chapter 9 or 10, Title 128, Revised Statutes, that
29-3 has jurisdiction to regulate piloting, pilotage rates, and the
29-4 licensing of pilots, shall adopt rules as required by laws amended
29-5 by this Act not later than December 31, 1995.
29-6 SECTION 8. (a) The change in law made by Section 19,
29-7 Article 8279, Revised Statutes, as added by this Act, applies only
29-8 to an offense committed on or after the effective date of this Act.
29-9 For purposes of this section, an offense is committed before the
29-10 effective date of this Act if any element of the offense occurs
29-11 before that date.
29-12 (b) An offense committed before the effective date of this
29-13 Act is governed by the law in effect when the offense was
29-14 committed, and the former law is continued in effect for that
29-15 purpose.
29-16 SECTION 9. This Act takes effect September 1, 1995, and
29-17 applies only to a license or certificate to operate as a branch
29-18 pilot or deputy branch pilot that is issued or renewed on or after
29-19 that date. A license or certificate that is issued or renewed
29-20 before that date is governed by the law in effect on the date that
29-21 the license was issued or renewed, and the former law is continued
29-22 in effect for that purpose.
29-23 SECTION 10. The importance of this legislation and the
29-24 crowded condition of the calendars in both houses create an
29-25 emergency and an imperative public necessity that the
29-26 constitutional rule requiring bills to be read on three several
29-27 days in each house be suspended, and this rule is hereby suspended.