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.