By: Truan, et al. S.B. No. 1352
A BILL TO BE ENTITLED
AN ACT
1-1 relating to licensing and regulation of certain pilots, pilotage
1-2 rates, and pilot service.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 66.033 and 66.040, Transportation Code,
1-5 are amended to read as follows:
1-6 Sec. 66.033. QUALIFICATIONS FOR LICENSE. To be eligible for
1-7 a license as a branch pilot, a person must:
1-8 (1) be at least 25 years of age and less than 68 years
1-9 of age;
1-10 (2) be a United States citizen;
1-11 (3) as of the date the license is issued, have resided
1-12 continuously in this state for at least one year;
1-13 (4) be licensed under federal law to act as a pilot on
1-14 vessels that navigate water on which the applicant will furnish
1-15 pilot services;
1-16 (5) have at least three [two] years' service as a
1-17 deputy branch pilot or equivalent service piloting vessels of at
1-18 least 5,000 gross tons within the board's jurisdiction;
1-19 (6) have commanded or controlled the navigation of
1-20 vessels such as the person would pilot;
1-21 (7) have extensive experience in the docking and
1-22 undocking of vessels;
1-23 (8) be in good mental and physical health;
2-1 (9) have good moral character; and
2-2 (10) possess the requisite skill as a navigator and
2-3 pilot to perform competently and safely the duties of a branch
2-4 pilot.
2-5 Sec. 66.040. TERMS OF LICENSES AND CERTIFICATES. (a) A
2-6 branch pilot's license expires on the fourth anniversary of the
2-7 date it is issued or renewed, provided that no pilot may furnish
2-8 pilot services under authority of a license after the pilot's 68th
2-9 birthday.
2-10 (b) A deputy branch pilot's certificate expires on the third
2-11 [second] anniversary of the date it is issued and may not be
2-12 renewed.
2-13 SECTION 2. Section 68.033, Transportation Code, is amended
2-14 to read as follows:
2-15 Sec. 68.033. QUALIFICATIONS FOR LICENSE. To be eligible for
2-16 a license as a branch pilot, a person must:
2-17 (1) be at least 25 years of age and less than 68 years
2-18 of age;
2-19 (2) be a United States citizen;
2-20 (3) as of the date the license is issued, have resided
2-21 continuously in this state for at least two years;
2-22 (4) have at least two years' service as a deputy
2-23 branch pilot and have successfully completed the board-approved
2-24 training program;
2-25 (5) have controlled the navigation of vessels such as
3-1 the person would pilot;
3-2 (6) have extensive experience in the docking and
3-3 undocking of vessels;
3-4 (7) be licensed under federal law to act as a pilot on
3-5 vessels that navigate water on which the applicant will furnish
3-6 pilot services;
3-7 (8) be in good mental and physical health;
3-8 (9) have good moral character; and
3-9 (10) possess the requisite skill as a navigator and
3-10 pilot to perform competently and safely the duties of a branch
3-11 pilot.
3-12 SECTION 3. Subsection (a), Section 68.040, Transportation
3-13 Code, is amended to read as follows:
3-14 (a) A branch pilot's license expires on the fourth
3-15 anniversary of the date it is issued or renewed, provided that no
3-16 pilot may furnish pilot services under authority of a license after
3-17 the pilot's 68th birthday.
3-18 SECTION 4. Title 4, Transportation Code, is amended by
3-19 adding Chapter 70 to read as follows:
3-20 CHAPTER 70. PORT OF CORPUS CHRISTI PILOTS LICENSING
3-21 AND REGULATORY ACT
3-22 SUBCHAPTER A. GENERAL PROVISIONS
3-23 Sec. 70.001. SHORT TITLE. This chapter may be cited as the
3-24 Port of Corpus Christi Pilots Licensing and Regulatory Act.
3-25 Sec. 70.002. DEFINITIONS. In this chapter:
4-1 (1) "Board" means the board of pilot commissioners for
4-2 the Port of Corpus Christi Authority.
4-3 (2) "Consignee" means a person, including a master,
4-4 owner, agent, subagent, person, firm or corporation, or any
4-5 combination of those persons, who enters or clears a vessel at the
4-6 Office of United States Customs.
4-7 (3) "Port of Corpus Christi" means a place into which
4-8 a vessel enters or from which a vessel departs and the waterway
4-9 leading to that place from the Gulf of Mexico under the
4-10 jurisdiction of the Port of Corpus Christi Authority.
4-11 (4) "Pilot" means a person who is licensed as a branch
4-12 pilot or certified as a deputy branch pilot under this chapter.
4-13 (5) "Pilotage rate" means the remuneration a pilot may
4-14 lawfully charge a vessel for pilot services.
4-15 (6) "Pilot services" means acts of a pilot in
4-16 conducting a vessel through navigable water in this state and the
4-17 ports in which the pilot is licensed or certified as a pilot.
4-18 (7) "Vessel" means an oceangoing vessel.
4-19 Sec. 70.003. APPLICATION OF ACT. (a) This chapter applies
4-20 only to the Port of Corpus Christi.
4-21 (b) This chapter does not affect the existing laws for ports
4-22 in other counties, and those laws do not apply to the Port of
4-23 Corpus Christi.
4-24 (Sections 70.004 to 70.010 reserved for expansion
5-1 SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS
5-2 Sec. 70.011. COMPOSITION OF BOARD. The board of pilot
5-3 commissioners for the Port of Corpus Christi is composed of the
5-4 seven port commissioners for the Port of Corpus Christi Authority.
5-5 Sec. 70.012. PROHIBITED INTEREST. A person may not be a
5-6 member of the board if the person has a conflict of interest or a
5-7 direct or indirect interest in any business affected by or
5-8 connected with the performance of the person's duties as a pilot
5-9 commissioner.
5-10 Sec. 70.013. OATH. Before beginning service as a board
5-11 member, each board member must take and sign before a person
5-12 authorized to administer oaths an oath to faithfully and
5-13 impartially discharge the duties of the office.
5-14 Sec. 70.014. TERM OF OFFICE. (a) The term of office of a
5-15 commissioner of pilots coincides with a person's term as a port
5-16 commissioner for the Port of Corpus Christi Authority.
5-17 (b) A member holds office until the member's successor is
5-18 appointed and qualified.
5-19 Sec. 70.015. JURISDICTION. The board has exclusive
5-20 jurisdiction over the piloting of vessels in the Port of Corpus
5-21 Christi, including intermediate stops and landing places for
5-22 vessels on navigable streams wholly or partially located in the
5-23 board's jurisdiction.
5-24 Sec. 70.016. ADMINISTRATION AND RULES. (a) The board shall
5-25 administer this chapter and may perform any act or function
6-1 necessary to carry out its powers and duties under this chapter.
6-2 (b) The board may adopt rules to carry out this chapter.
6-3 Sec. 70.017. DUTIES. The board shall:
6-4 (1) recommend to the governor the number of pilots
6-5 necessary to provide adequate pilot services for the Port of Corpus
6-6 Christi;
6-7 (2) examine and determine the qualifications of each
6-8 applicant for branch pilot;
6-9 (3) submit to the governor the names of persons who
6-10 have qualified under this chapter to be appointed as branch pilots;
6-11 (4) establish pilotage rates;
6-12 (5) approve any changes of the locations of pilot
6-13 stations;
6-14 (6) establish times during which pilot services will
6-15 be available;
6-16 (7) hear and determine complaints relating to the
6-17 conduct of pilots;
6-18 (8) make recommendations to the governor concerning
6-19 any pilot whose license or certificate should not be renewed or
6-20 should be revoked;
6-21 (9) adopt rules and issue orders to pilots and vessels
6-22 when necessary to secure efficient pilot services; and
6-23 (10) institute investigations or hearings or both to
6-24 consider casualties, accidents, or other actions that violate this
6-25 chapter.
7-1 Sec. 70.018. PILOT REVIEW BOARD. The board shall establish
7-2 a pilot review board consisting of two active state-commissioned
7-3 pilots serving the Port of Corpus Christi, two members of the
7-4 marine industry, and a chairperson, who, or whose designee, shall
7-5 be the secretary of the board, to hear and review complaints
7-6 against pilots and to make recommendations to the board concerning
7-7 the complaints.
7-8 Sec. 70.019. UNFAIR DISCRIMINATION PROHIBITED. (a) In all
7-9 its duties, including rulemaking, the board may not sanction
7-10 discriminatory practices nor discriminate against a pilot or pilot
7-11 applicant because of race, religion, sex, ethnic origin, or
7-12 national origin.
7-13 (b) A person seeking a remedy for a violation of this
7-14 section must bring suit in a district court in Nueces County.
7-15 Sec. 70.020. OPEN MEETINGS LAW. Chapter 551, Government
7-16 Code, applies to actions and proceedings under this chapter.
7-17 Sec. 70.021. RULE OR RATE CHANGE. (a) The board shall give
7-18 at least 10 days' notice as provided by this section before the
7-19 board adopts a rule or changes a pilotage rate.
7-20 (b) The board shall mail the notice and a copy of the
7-21 proposed rule or change by registered mail to:
7-22 (1) the designated office of the Aransas-Corpus
7-23 Christi Pilots; and
7-24 (2) all known consignees and all known associations of
7-25 consignees operating in Nueces County.
8-1 (c) The board shall post a copy of the proposed rule or
8-2 change at the Nueces County courthouse for public inspection.
8-3 Sec. 70.022. JUDICIAL REVIEW. Proceedings for judicial
8-4 review of a board decision shall be brought in a district court in
8-5 Nueces County.
8-6 (Sections 70.023 to 70.030 reserved for expansion
8-7 SUBCHAPTER C. PILOTS' LICENSES OR CERTIFICATES
8-8 Sec. 70.031. LICENSES OR CERTIFICATE REQUIRED. A person may
8-9 not provide pilot services unless the person has a license or
8-10 certificate issued under this chapter for the Port of Corpus
8-11 Christi.
8-12 Sec. 70.032. QUALIFICATIONS FOR LICENSE. To be eligible for
8-13 a license as a branch pilot, a person must:
8-14 (1) be at least 25 years of age;
8-15 (2) be a United States citizen;
8-16 (3) as of the date the license is issued, have resided
8-17 continuously in the state for at least two years;
8-18 (4) have at least two years' service as a deputy
8-19 branch pilot under the supervision of a state-commissioned pilot
8-20 serving the Port of Corpus Christi;
8-21 (5) have controlled the navigation of vessels such as
8-22 the person would pilot;
8-23 (6) have extensive experience in the docking and
8-24 undocking of vessels;
8-25 (7) be in good mental and physical health;
9-1 (8) have good moral character; and
9-2 (9) possess the requisite skill as a navigator and
9-3 pilot to perform competently and safely the duties of a branch
9-4 pilot.
9-5 Sec. 70.033. QUALIFICATIONS FOR CERTIFICATE. To be eligible
9-6 for a certificate as a deputy branch pilot, a person must:
9-7 (1) be at least 25 years of age;
9-8 (2) be a United States citizen;
9-9 (3) be appointed by a branch pilot;
9-10 (4) be in good mental and physical health;
9-11 (5) have good moral character; and
9-12 (6) possess the requisite skill as a navigator and
9-13 pilot to perform competently and safely the duties of a deputy
9-14 branch pilot.
9-15 Sec. 70.034. APPLICATION FOR LICENSE OR CERTIFICATE. To
9-16 apply for a branch pilot's license or a deputy branch pilot's
9-17 certificate, a person must give the board a written application in
9-18 the form and manner required by board rule.
9-19 Sec. 70.035. CONSIDERATION OF APPLICATION. As part of its
9-20 consideration of applications for licenses, the board may examine
9-21 and decide on the qualifications of an applicant for the position
9-22 of branch pilot.
9-23 Sec. 70.036. BRANCH PILOT APPOINTMENT BY GOVERNOR. (a) On
9-24 filing of the bond and oath required by Section 70.038, the board
9-25 shall certify to the governor that a person licensed as a branch
10-1 pilot has qualified.
10-2 (b) On receipt of the board's certification, the governor
10-3 shall issue to the person, in the name of the state and under the
10-4 state seal, a commission to serve as a branch pilot to and from the
10-5 Port of Corpus Christi.
10-6 (c) The governor shall appoint the number of branch pilots
10-7 necessary to provide adequate pilot services for the Port of Corpus
10-8 Christi.
10-9 Sec. 70.037. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH
10-10 PILOT. (a) Each branch pilot, subject to examination and approval
10-11 of the board, may appoint two deputy branch pilots.
10-12 (b) A branch pilot may appoint an additional deputy branch
10-13 pilot if the board considers the appointment advisable.
10-14 (c) A branch pilot who appoints a deputy branch pilot
10-15 without the approval of the board forfeits the pilot's appointment
10-16 as a branch pilot.
10-17 Sec. 70.038. OATH AND BOND. (a) A person appointed as a
10-18 pilot must take the official oath before entering service as a
10-19 pilot. The oath shall be endorsed on the bond required by
10-20 Subsection (b).
10-21 (b) Each pilot must execute a $25,000 bond payable to the
10-22 governor and conditioned on compliance with the laws, rules, and
10-23 orders relating to pilots and on the faithful performance of the
10-24 pilot's duties.
10-25 (c) each bond must be approved by the board.
11-1 Sec. 70.039. TERMS OF LICENSES AND CERTIFICATES. (a) A
11-2 branch pilot's license expires on the fourth anniversary of the
11-3 date it is issued or renewed.
11-4 (b) A deputy branch pilot's certificate expires on the
11-5 second anniversary of the date it is issued and may not be renewed.
11-6 Sec. 70.040. BRANCH PILOT'S LICENSE RENEWAL. (a) The
11-7 governor shall renew a branch pilot's expiring license if the board
11-8 recommends renewal.
11-9 (b) If a pilot applies in writing and qualifies, the board
11-10 shall recommend renewal unless the board determines there is
11-11 probable cause not to renew the license.
11-12 (c) Probable cause not to renew a license exists if the
11-13 board finds that the license holder:
11-14 (1) does not possess a qualification required by this
11-15 chapter for pilots; or
11-16 (2) has a disability that will affect the license
11-17 holder's ability to serve as a pilot.
11-18 (d) If the board determines that it has probable cause not
11-19 to renew a license, the board shall notify the license holder not
11-20 later than the 60th day before the date the license expires. On
11-21 request, the board shall provide a hearing after proper notice to
11-22 consider whether the board has cause not to recommend renewal of
11-23 the license.
11-24 (e) If the board finds at the conclusion of the hearing that
11-25 the board lacks probable cause for nonrenewal of the license, the
12-1 board shall recommend that the governor renew the license.
12-2 (f) The board shall issue a written order recommending that
12-3 the governor not renew a license and the governor may not renew the
12-4 license if:
12-5 (1) the pilot does not contest the board's decision
12-6 not to renew the license; or
12-7 (2) the board after a hearing finds that it has
12-8 probable cause not to renew the license.
12-9 (g) The denial of renewal of a pilot's license does not
12-10 prohibit the pilot from applying for a new license and being
12-11 reappointed.
12-12 Sec. 70.041. DEPUTY BRANCH PILOT. A person who has been
12-13 issued a deputy branch pilot's certificate may not be issued a
12-14 deputy branch pilot's certificate before the fifth anniversary of
12-15 the date the person was previously issued a deputy branch pilot's
12-16 certificate.
12-17 Sec. 70.042. SUSPENSION OR REVOCATION OF BRANCH PILOT'S
12-18 LICENSE. (a) On complaint or on its own motion, and after notice
12-19 and hearing, the board may suspend a branch pilot's license for not
12-20 more than six months or recommend that the governor revoke a branch
12-21 pilot's license if the board finds that the pilot has:
12-22 (1) failed to demonstrate and maintain the
12-23 qualifications for a license required by this chapter;
12-24 (2) used narcotics or other types of drugs, chemicals,
12-25 or controlled substances as defined by law that impair the pilot's
13-1 ability to perform his duties skillfully and efficiently;
13-2 (3) used alcohol to an extent that impairs the pilot's
13-3 ability to perform his duties skillfully and efficiently;
13-4 (4) violated a provision of this chapter or rules
13-5 adopted by the board under this chapter that were material to the
13-6 performance of the pilot's duties at the time of the violation;
13-7 (5) made a material misstatement in the application
13-8 for a license;
13-9 (6) obtained or attempted to obtain a license under
13-10 this chapter by fraud or misrepresentation;
13-11 (7) charged a pilotage rate other than that approved
13-12 by the board;
13-13 (8) intentionally refused to pilot a vessel when
13-14 requested to do so by the master or person responsible for
13-15 navigation of the vessel except when, in the judgment of the pilot,
13-16 movement of the vessel would have constituted a hazard to life or
13-17 property or when pilotage charges that are due and owing are unpaid
13-18 by the person ordering the pilot services;
13-19 (9) been absent from duty in violation of board rules
13-20 and without authorization;
13-21 (10) aided or abetted another pilot in failing to
13-22 perform the other pilot's duties; or
13-23 (11) been guilty of carelessness, neglect of duty,
13-24 intentional unavailability for normal performance of duties,
13-25 refusal to perform duties, misconduct, or incompetence while on
14-1 duty.
14-2 (b) On determining that a license should be suspended or
14-3 revoked, the board shall adopt a written order that states its
14-4 findings and:
14-5 (1) suspends the license for a stated period; or
14-6 (2) recommends to the governor revocation of the
14-7 license.
14-8 (c) The governor, on receipt of a board order recommending
14-9 revocation of a license, shall revoke the license. If the board's
14-10 order is appealed, the governor may not revoke the license until
14-11 the order is upheld on appeal.
14-12 (d) A suspension of a license on the recommendation of a
14-13 pilot review board takes effect on adoption of the board's order.
14-14 A revocation of a branch pilot's license takes effect on issuance
14-15 of the governor's decision.
14-16 Sec. 70.043. SUSPENSION OR REVOCATION OF DEPUTY BRANCH
14-17 PILOT'S CERTIFICATE. A deputy branch pilot certificate may be
14-18 suspended or revoked by the board in the same manner and for the
14-19 same reasons as provided for the suspension or revocation of a
14-20 branch pilot's license by Section 70.042.
14-21 Sec. 70.044. LIABILITY TO PILOT. (a) A person who is not a
14-22 pilot and who, in violation of this chapter, pilots a vessel and
14-23 the consignee of the vessel are liable to the pilot, on written
14-24 demand, for the amount of the applicable pilotage rate.
14-25 (b) In an action to recover compensation under Subsection
15-1 (a), the court may include in a judgment in favor of a pilot an
15-2 award of court costs and reasonable attorney's fees.
15-3 (Sections 70.045 to 70.060 reserved for expansion
15-4 SUBCHAPTER D. PILOTAGE RATES
15-5 Sec. 70.061. PILOTAGE RATE CHANGE. (a) The board may not
15-6 change pilotage rates before the first anniversary of the preceding
15-7 rate change.
15-8 Sec. 70.062. PILOT RATE CHANGE APPLICATION. (a) An
15-9 application for a change in a pilotage rate may be filed with each
15-10 commissioner of the board by:
15-11 (1) one or more pilots; or
15-12 (2) the owner, agent, or consignee of a vessel
15-13 navigating to or from the Port of Corpus Christi.
15-14 (b) The application must contain:
15-15 (1) a brief statement of the circumstances that
15-16 warrant the change; and
15-17 (2) a certification that the applicant has submitted
15-18 copies of the application to all known pilots, consignees, and
15-19 associations of consignees operating in the Port of Corpus Christi
15-20 at the time of the application.
15-21 Sec. 70.063. OBJECTION; HEARING. (a) If, not later than
15-22 the 20th day after the date notice is sent, a commissioner receives
15-23 a written objection to the application from any person who appears
15-24 to have a legitimate interest in the application, the board shall
15-25 hold a hearing as provided by this section.
16-1 (b) The board shall hold the hearing not later than the 20th
16-2 day after the date the 20-day period provided by Subsection (a)
16-3 expires.
16-4 (c) The board shall give notice of the hearing to:
16-5 (1) each applicant;
16-6 (2) each person objecting to the application; and
16-7 (3) any other person the board determines is
16-8 interested in the proceedings.
16-9 (d) The hearing shall be open to the public and held at a
16-10 convenient time and place in one of the ports that would be
16-11 affected by the change. Each party who demonstrates a legitimate
16-12 interest in the application is entitled to be heard, to present
16-13 evidence, and, to the extent the board considers practical, to
16-14 cross-examine testifying witnesses.
16-15 Sec. 70.064. BOARD ACTION ON APPLICATION. (a) If an
16-16 objection to an application for a rate change is not received by
16-17 any commissioner within the period provided by Section 70.063(a),
16-18 the board shall act on the application without further proceedings.
16-19 (b) If a hearing is held as provided by Section 70.063, the
16-20 board shall grant, deny, or modify the application after receipt of
16-21 the evidence offered by the parties and arguments and briefs
16-22 requested by the board.
16-23 Sec. 70.065. PILOT FINANCIAL REPORT. (a) Not later than
16-24 the 10th day before the date set for a pilotage rate hearing, the
16-25 pilots who are licensed or certified to serve the port for which
17-1 the rates are being considered shall submit in writing to the board
17-2 and to any party designated by the board complete accounts of:
17-3 (1) all amounts received from performing pilot
17-4 services within the board's jurisdiction;
17-5 (2) all earnings from capital assets devoted to
17-6 providing pilot services;
17-7 (3) all expenses incurred in connection with pilotage
17-8 activities for which amounts described were received and earned;
17-9 and
17-10 (4) estimates of receipts and expenses anticipated to
17-11 result from the requested changes in pilotage rates.
17-12 (b) The pilots shall provide the information for:
17-13 (1) the calendar or fiscal year preceding the date of
17-14 the pilotage rate change application; and
17-15 (2) the subsequent period to within 60 days of the
17-16 date of the application.
17-17 Sec. 70.066. FACTORS FOR BOARD CONSIDERATION. (a) In
17-18 acting on a pilotage rate change application, the board shall
17-19 consider:
17-20 (1) characteristics of vessels to be piloted including
17-21 but not limited to the size of the vessel and the degree of
17-22 difficulty to maneuver;
17-23 (2) costs to pilots to provide the required pilot
17-24 services;
17-25 (3) the effect, including economic factors affecting
18-1 the shipping industry in the area, that the granting, refusal, or
18-2 modification of the application would have on the Port of Corpus
18-3 Christi and the persons residing in the board's jurisdiction;
18-4 (4) an adequate and reasonable compensation for the
18-5 pilots and a fair return on the equipment and vessels that the
18-6 pilots employ in connection with pilot duties; and
18-7 (5) the relationship between the pilotage rates in the
18-8 Port of Corpus Christi and the rates applicable in other ports of
18-9 this state and in competitive ports in other states.
18-10 Sec. 70.067. BOARD ACTION. (a) A board order granting,
18-11 denying, or modifying an application for a rate change must state
18-12 its effective date. The order is final, except as provided by
18-13 Subsection (b).
18-14 (b) Any party aggrieved by the board's order may, after
18-15 exhausting all administrative remedies, appeal the order to a
18-16 court.
18-17 Sec. 70.068. REPORTING AND STENOGRAPHIC COSTS. (a) The
18-18 board may assess the actual costs the board considers fair and just
18-19 for reporting and stenographic services necessarily incurred in
18-20 connection with a hearing against one or more of the applicants and
18-21 objecting parties.
18-22 (b) The board may require that an applicant or objecting
18-23 party deposit an amount against those costs as a condition of
18-24 presenting an application or objection.
18-25 Sec. 70.069. ORDER FILED. (a) The board shall file a copy
19-1 of its order with the Nueces County clerk.
19-2 (b) The board shall file the order not later than the 20th
19-3 day after:
19-4 (1) the closing date of a hearing held as provided by
19-5 Section 70.063(b); or
19-6 (2) if the hearing is not held, the expiration of the
19-7 period provided by Section 70.063(a).
19-8 Sec. 70.070. EMERGENCY PILOTAGE RATES. (a) The board may
19-9 establish emergency pilotage rates for the period of an emergency,
19-10 not to exceed 90 days, if the board finds that:
19-11 (1) a natural or man-made disaster has created a
19-12 substantial hazard to piloting vessels into and out of a port; and
19-13 (2) the existence of the hazard overrides the
19-14 necessity to comply with normal pilotage rate-setting procedures.
19-15 (b) In adopting emergency pilotage rates, the board is not
19-16 required to comply with the procedures in this chapter or in its
19-17 rules relating to the adoption of pilotage rates.
19-18 (c) Emergency pilotage rates may not be appealed.
19-19 (d) The board shall adopt rules to carry out this section.
19-20 Sec. 70.071. PILOT SERVICES REQUIRED. The consignee of a
19-21 vessel under the consignee's control shall obtain pilot services
19-22 for the vessel and shall pay the pilot who pilots the vessel into
19-23 and out of the port area compensation according to the pilotage
19-24 rates filed by the board.
19-25 Sec. 70.072. LIABILITY. (a) A pilot who charges a pilotage
20-1 rate for pilot services different from the pilotage rates
20-2 established under this chapter for the port in which the pilot
20-3 serves is liable to each person who was charged the different rate
20-4 for double the amount of pilotage.
20-5 (b) A court may include in a judgment in favor of a person
20-6 who files suit to collect an amount owed under this chapter an
20-7 award to cover court costs and reasonable attorney's fees.
20-8 (Sections 70.073 to 70.080 reserved for expansion
20-9 SUBCHAPTER E. PILOT LIABILITY
20-10 Sec. 70.081. PURPOSE. The purpose of this subchapter is to:
20-11 (1) in the public interest, stimulate and preserve
20-12 maritime commerce on the pilotage grounds of this state by limiting
20-13 and regulating the liability of pilots; and
20-14 (2) maintain pilotage fees at reasonable levels.
20-15 Sec. 70.082. PILOT LIABILITY. A pilot is not liable
20-16 directly or as a member of an organization of pilots for a claim
20-17 that:
20-18 (1) arises from an act or omission of another pilot or
20-19 organization of pilots; and
20-20 (2) relates directly or indirectly to pilot services.
20-21 Sec. 70.083. PILOTS LIABILITY LIMITED. (a) A pilot
20-22 providing pilot services is not liable for more than $1,000 for
20-23 damage or loss caused by the pilot's error, omission, fault, or
20-24 neglect in the performance of the pilot services, except as
20-25 provided by Subsection (b).
21-1 (b) Subsection (a) does not apply to:
21-2 (1) damage or loss that arises because of the wilful
21-3 misconduct or gross negligence of the pilot;
21-4 (2) liability for exemplary damages for gross
21-5 negligence of the pilot and for which no other person is jointly or
21-6 severally liable; or
21-7 (3) an act or omission related to the ownership and
21-8 operation of a pilot boat unless the pilot boat is directly
21-9 involved in pilot services other than the transportation of pilots.
21-10 (c) This section does not exempt the vessel or its owner or
21-11 operator from liability for damage or loss caused by the vessel to
21-12 a person or property on the grounds that:
21-13 (1) the vessel was piloted by a pilot; or
21-14 (2) the damage or loss was caused by the error,
21-15 omission, fault, or neglect of a pilot.
21-16 (d) In an action brought against a pilot for an act or
21-17 omission for which liability is limited as provided by this section
21-18 and in which other claims are made or anticipated with respect to
21-19 the same act or omission, the court shall dismiss the proceedings
21-20 as to the pilot to the extent the pleadings allege pilot liability
21-21 that exceeds $1,000.
21-22 SECTION 5. (a) Except as otherwise provided in this Act,
21-23 persons who are branch pilots serving a port covered under Section
21-24 4 of this Act on the effective date of this Act shall continue to
21-25 serve as branch pilots until their current commissions expire.
22-1 (b) On expiration of a branch pilot's license for a port
22-2 covered by Section 4 of this Act, a pilot is eligible for license
22-3 renewal under the applicable license renewal provisions of this
22-4 Act, and those branch pilots shall be governed by this Act from its
22-5 effective date.
22-6 (c) Persons who were appointed deputy branch pilots for a
22-7 port covered by Section 4 of this Act before the effective date of
22-8 this Act shall be issued deputy branch pilot certificates by the
22-9 board in whose jurisdiction they are acting as deputy branch pilots
22-10 on requesting the certificate in writing and without having to
22-11 comply with other procedural provisions of this chapter.
22-12 (d) If a person is appointed as a deputy branch pilot for a
22-13 port covered by Section 1 of this Act before the effective date of
22-14 this Act, a certificate shall be issued for a term of two years.
22-15 If a person is appointed as a deputy branch pilot for a port
22-16 covered by Section 1 of this Act on or after the effective date of
22-17 this Act, a certificate shall be issued for a term of three years.
22-18 (e) If a person is appointed as a deputy branch pilot for a
22-19 port covered by Section 4 of this Act before the effective date of
22-20 this Act, a certificate shall be issued for a term of two years.
22-21 If a person is appointed as a deputy branch pilot for a port
22-22 covered by Section 4 of this Act on or after the effective date of
22-23 this Act, a certificate shall be issued under the applicable
22-24 provisions of this Act.
22-25 (f) Deputy branch pilots in ports covered by this Act shall
23-1 be governed by this Act from its effective date.
23-2 SECTION 6. This Act does not affect the existing laws for
23-3 ports in other counties of this state.
23-4 SECTION 7. This Act takes effect September 1, 1997.
23-5 SECTION 8. The importance of this legislation and the
23-6 crowded condition of the calendars in both houses create an
23-7 emergency and an imperative public necessity that the
23-8 constitutional rule requiring bills to be read on three several
23-9 days in each house be suspended, and this rule is hereby suspended.