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;

1-24                 (9)  have good moral character; and

 2-1                 (10)  possess the requisite skill as a navigator and

 2-2     pilot to perform competently and safely the duties of a branch

 2-3     pilot.

 2-4           Sec. 66.040.  TERMS OF LICENSES AND CERTIFICATES.  (a)  A

 2-5     branch pilot's license expires on the fourth anniversary of the

 2-6     date it is issued or renewed, provided that no pilot may furnish

 2-7     pilot services under authority of a license after the pilot's 68th

 2-8     birthday.

 2-9           (b)  A deputy branch pilot's certificate expires on the third

2-10     [second] anniversary of the date it is issued and may not be

2-11     renewed.

2-12           SECTION 2.  Section 68.033, Transportation Code, is amended

2-13     to read as follows:

2-14           Sec. 68.033.  QUALIFICATIONS FOR LICENSE.  To be eligible for

2-15     a license as a branch pilot, a person must:

2-16                 (1)  be at least 25 years of age and less than 68 years

2-17     of age;

2-18                 (2)  be a United States citizen;

2-19                 (3)  as of the date the license is issued, have resided

2-20     continuously in this state for at least two years;

2-21                 (4)  have at least two years' service as a deputy

2-22     branch pilot and have successfully completed the board-approved

2-23     training program;

2-24                 (5)  have controlled the navigation of vessels such as

2-25     the person would pilot;

2-26                 (6)  have extensive experience in the docking and

2-27     undocking of vessels;

 3-1                 (7)  be licensed under federal law to act as a pilot on

 3-2     vessels that navigate water on which the applicant will furnish

 3-3     pilot services;

 3-4                 (8)  be in good mental and physical health;

 3-5                 (9)  have good moral character; and

 3-6                 (10)  possess the requisite skill as a navigator and

 3-7     pilot to perform competently and safely the duties of a branch

 3-8     pilot.

 3-9           SECTION 3.  Subsection (a), Section 68.040, Transportation

3-10     Code, is amended to read as follows:

3-11           (a)  A branch pilot's license expires on the fourth

3-12     anniversary of the date it is issued or renewed, provided that no

3-13     pilot may furnish pilot services under authority of a license after

3-14     the pilot's 68th birthday.

3-15           SECTION 4.  Title 4, Transportation Code, is amended by

3-16     adding Chapter 70 to read as follows:

3-17            CHAPTER 70.  PORT OF CORPUS CHRISTI PILOTS LICENSING

3-18                             AND REGULATORY ACT

3-19                      SUBCHAPTER A.  GENERAL PROVISIONS

3-20           Sec. 70.001.  SHORT TITLE.  This chapter may be cited as the

3-21     Port of Corpus Christi Pilots Licensing and Regulatory Act.

3-22           Sec. 70.002.  DEFINITIONS.  In this chapter:

3-23                 (1)  "Board" means the board of pilot commissioners for

3-24     the Port of Corpus Christi Authority.

3-25                 (2)  "Consignee" means a person, including a master,

3-26     owner, agent, subagent, person, firm or corporation, or any

3-27     combination of those persons, who enters or clears a vessel at the

 4-1     Office of United States Customs.

 4-2                 (3)  "Port of Corpus Christi" means a place into which

 4-3     a vessel enters or from which a vessel departs and the waterway

 4-4     leading to that place from the Gulf of Mexico under the

 4-5     jurisdiction of the Port of Corpus Christi Authority.

 4-6                 (4)  "Pilot" means a person who is licensed as a branch

 4-7     pilot or certified as a deputy branch pilot under this chapter.

 4-8                 (5)  "Pilotage rate" means the remuneration a pilot may

 4-9     lawfully charge a vessel for pilot services.

4-10                 (6)  "Pilot services" means acts of a pilot in

4-11     conducting a vessel through navigable water in this state and the

4-12     ports in which the pilot is licensed or certified as a pilot.

4-13                 (7)  "Vessel" means an oceangoing vessel.

4-14           Sec. 70.003.  APPLICATION OF ACT.  (a)  This chapter applies

4-15     only to the Port of Corpus Christi.

4-16           (b)  This chapter does not affect the existing laws for ports

4-17     in other counties, and those laws do not apply to the Port of

4-18     Corpus Christi.

4-19                (Sections 70.004 to 70.010 reserved for expansion

4-20                 SUBCHAPTER B.  BOARD OF PILOT COMMISSIONERS

4-21           Sec. 70.011.  COMPOSITION OF BOARD.  The board of pilot

4-22     commissioners for the Port of Corpus Christi is composed of the

4-23     seven port commissioners for the Port of Corpus Christi Authority.

4-24           Sec. 70.012.  PROHIBITED INTEREST.  A person may not be a

4-25     member of the board if the person has a conflict of interest or a

4-26     direct or indirect interest in any business affected by or

4-27     connected with the performance of the person's duties as a pilot

 5-1     commissioner.

 5-2           Sec. 70.013.  OATH.  Before beginning service as a board

 5-3     member, each board member must take and sign before a person

 5-4     authorized to administer oaths an oath to faithfully and

 5-5     impartially discharge the duties of the office.

 5-6           Sec. 70.014.  TERM OF OFFICE.  (a)  The term of office of a

 5-7     commissioner of pilots coincides with a person's term as a port

 5-8     commissioner for the Port of Corpus Christi Authority.

 5-9           (b)  A member holds office until the member's successor is

5-10     appointed and qualified.

5-11           Sec. 70.015.  JURISDICTION.  The board has exclusive

5-12     jurisdiction over the piloting of vessels in the Port of Corpus

5-13     Christi, including intermediate stops and landing places for

5-14     vessels on navigable streams wholly or partially located in the

5-15     board's jurisdiction.

5-16           Sec. 70.016.  ADMINISTRATION AND RULES.  (a)  The board shall

5-17     administer this chapter and may perform any act or function

5-18     necessary to carry out its powers and duties under this chapter.

5-19           (b)  The board may adopt rules to carry out this chapter.

5-20           Sec. 70.017.  DUTIES.  The board shall:

5-21                 (1)  recommend to the governor the number of pilots

5-22     necessary to provide adequate pilot services for the Port of Corpus

5-23     Christi;

5-24                 (2)  examine and determine the qualifications of each

5-25     applicant for branch pilot;

5-26                 (3)  submit to the governor the names of persons who

5-27     have qualified under this chapter to be appointed as branch pilots;

 6-1                 (4)  establish pilotage rates;

 6-2                 (5)  approve any changes of the locations of pilot

 6-3     stations;

 6-4                 (6)  establish times during which pilot services will

 6-5     be available;

 6-6                 (7)  hear and determine complaints relating to the

 6-7     conduct of pilots;

 6-8                 (8)  make recommendations to the governor concerning

 6-9     any pilot whose license or certificate should not be renewed or

6-10     should be revoked;

6-11                 (9)  adopt rules and issue orders to pilots and vessels

6-12     when necessary to secure efficient pilot services; and

6-13                 (10)  institute investigations or hearings or both to

6-14     consider casualties, accidents, or other actions that violate this

6-15     chapter.

6-16           Sec. 70.018.  PILOT REVIEW BOARD.  The board shall establish

6-17     a pilot review board consisting of two active state-commissioned

6-18     pilots serving the Port of Corpus Christi, two members of the

6-19     marine industry, and a chairperson, who, or whose designee, shall

6-20     be the secretary of the board, to hear and review complaints

6-21     against pilots and to make recommendations to the board concerning

6-22     the complaints.

6-23           Sec. 70.019.  UNFAIR DISCRIMINATION PROHIBITED.  (a)  In all

6-24     its duties, including rulemaking, the board may not sanction

6-25     discriminatory practices nor discriminate against a pilot or pilot

6-26     applicant because of race, religion, sex, ethnic origin, or

6-27     national origin.

 7-1           (b)  A person seeking a remedy for a violation of this

 7-2     section must bring suit in a district court in Nueces County.

 7-3           Sec. 70.020.  OPEN MEETINGS LAW.  Chapter 551, Government

 7-4     Code, applies to actions and proceedings under this chapter.

 7-5           Sec. 70.021.  RULE OR RATE CHANGE.  (a)  The board shall give

 7-6     at least 10 days' notice as provided by this section before the

 7-7     board adopts a rule or changes a pilotage rate.

 7-8           (b)  The board shall mail the notice and a copy of the

 7-9     proposed rule or change by registered mail to:

7-10                 (1)  the designated office of the Aransas-Corpus

7-11     Christi Pilots; and

7-12                 (2)  all known consignees and all known associations of

7-13     consignees operating in Nueces County.

7-14           (c)  The board shall post a copy of the proposed rule or

7-15     change at the Nueces County courthouse for public inspection.

7-16           Sec. 70.022.  JUDICIAL REVIEW.  Proceedings for judicial

7-17     review of a board decision shall be brought in a district court in

7-18     Nueces County.

7-19             (Sections 70.023 to 70.030 reserved for expansion

7-20               SUBCHAPTER C.  PILOTS' LICENSES OR CERTIFICATES

7-21           Sec. 70.031.  LICENSES OR CERTIFICATE REQUIRED.  A person may

7-22     not provide pilot services unless the person has a license or

7-23     certificate issued under this chapter for the Port of Corpus

7-24     Christi.

7-25           Sec. 70.032.  QUALIFICATIONS FOR LICENSE.  To be eligible for

7-26     a license as a branch pilot, a person must:

7-27                 (1)  be at least 25 years of age;

 8-1                 (2)  be a United States citizen;

 8-2                 (3)  as of the date the license is issued, have resided

 8-3     continuously in the state for at least two years;

 8-4                 (4)  have at least two years' service as a deputy

 8-5     branch pilot under the supervision of a state-commissioned pilot

 8-6     serving the Port of Corpus Christi;

 8-7                 (5)  have controlled the navigation of vessels such as

 8-8     the person would pilot;

 8-9                 (6)  have extensive experience in the docking and

8-10     undocking of vessels;

8-11                 (7)  be in good mental and physical health;

8-12                 (8)  have good moral character; and

8-13                 (9)  possess the requisite skill as a navigator and

8-14     pilot to perform competently and safely the duties of a branch

8-15     pilot.

8-16           Sec. 70.033.  QUALIFICATIONS FOR CERTIFICATE.  To be eligible

8-17     for a certificate as a deputy branch pilot, a person must:

8-18                 (1)  be at least 25 years of age;

8-19                 (2)  be a United States citizen;

8-20                 (3)  be appointed by a branch pilot;

8-21                 (4)  be in good mental and physical health;

8-22                 (5)  have good moral character; and

8-23                 (6)  possess the requisite skill as a navigator and

8-24     pilot to perform competently and safely the duties of a deputy

8-25     branch pilot.

8-26           Sec. 70.034.  APPLICATION FOR LICENSE OR CERTIFICATE.  To

8-27     apply for a branch pilot's license or a deputy branch pilot's

 9-1     certificate, a person must give the board a written application in

 9-2     the form and manner required by board rule.

 9-3           Sec. 70.035.  CONSIDERATION OF APPLICATION.  As part of its

 9-4     consideration of applications for licenses, the board may examine

 9-5     and decide on the qualifications of an applicant for the position

 9-6     of branch pilot.

 9-7           Sec. 70.036.  BRANCH PILOT APPOINTMENT BY GOVERNOR.  (a)  On

 9-8     filing of the bond and oath required by Section 70.038, the board

 9-9     shall certify to the governor that a person licensed as a branch

9-10     pilot has qualified.

9-11           (b)  On receipt of the board's certification, the governor

9-12     shall issue to the person, in the name of the state and under the

9-13     state seal, a commission to serve as a branch pilot to and from the

9-14     Port of Corpus Christi.

9-15           (c)  The governor shall appoint the number of branch pilots

9-16     necessary to provide adequate pilot services for the Port of Corpus

9-17     Christi.

9-18           Sec. 70.037.  DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH

9-19     PILOT.  (a)  Each branch pilot, subject to examination and approval

9-20     of the board, may appoint two deputy branch pilots.

9-21           (b)  A branch pilot may appoint an additional deputy branch

9-22     pilot if the board considers the appointment advisable.

9-23           (c)  A branch pilot who appoints a deputy branch pilot

9-24     without the approval of the board forfeits the pilot's appointment

9-25     as a branch pilot.

9-26           Sec. 70.038.  OATH AND BOND.  (a)  A person appointed as a

9-27     pilot must take the official oath before entering service as a

 10-1    pilot.  The oath shall be endorsed on the bond required by

 10-2    Subsection (b).

 10-3          (b)  Each pilot must execute a $25,000 bond payable to the

 10-4    governor and conditioned on compliance with the laws, rules, and

 10-5    orders relating to pilots and on the faithful performance of the

 10-6    pilot's duties.

 10-7          (c)  each bond must be approved by the board.

 10-8          Sec. 70.039.  TERMS OF LICENSES AND CERTIFICATES.  (a)  A

 10-9    branch pilot's license expires on the fourth anniversary of the

10-10    date it is issued or renewed.

10-11          (b)  A deputy branch pilot's certificate expires on the

10-12    second anniversary of the date it is issued and may not be renewed.

10-13          Sec. 70.040.  BRANCH PILOT'S LICENSE RENEWAL.  (a)  The

10-14    governor shall renew a branch pilot's expiring license if the board

10-15    recommends renewal.

10-16          (b)  If a pilot applies in writing and qualifies, the board

10-17    shall recommend renewal unless the board determines there is

10-18    probable cause not to renew the license.

10-19          (c)  Probable cause not to renew a license exists if the

10-20    board finds that the license holder:

10-21                (1)  does not possess a qualification required by this

10-22    chapter for pilots; or

10-23                (2)  has a disability that will affect the license

10-24    holder's ability to serve as a pilot.

10-25          (d)  If the board determines that it has probable cause not

10-26    to renew a license, the board shall notify the license holder not

10-27    later than the 60th day before the date the license expires.  On

 11-1    request, the board shall provide a hearing after proper notice to

 11-2    consider whether the board has cause not to recommend renewal of

 11-3    the license.

 11-4          (e)  If the board finds at the conclusion of the hearing that

 11-5    the board lacks probable cause for nonrenewal of the license, the

 11-6    board shall recommend that the governor renew the license.

 11-7          (f)  The board shall issue a written order recommending that

 11-8    the governor not renew a license and the governor may not renew the

 11-9    license if:

11-10                (1)  the pilot does not contest the board's decision

11-11    not to renew the license; or

11-12                (2)  the board after a hearing finds that it has

11-13    probable cause not to renew the license.

11-14          (g)  The denial of renewal of a pilot's license does not

11-15    prohibit the pilot from applying for a new license and being

11-16    reappointed.

11-17          Sec. 70.041.  DEPUTY BRANCH PILOT.  A person who has been

11-18    issued a deputy branch pilot's certificate may not be issued a

11-19    deputy branch pilot's certificate before the fifth anniversary of

11-20    the date the person was previously issued a deputy branch pilot's

11-21    certificate.

11-22          Sec. 70.042.  SUSPENSION OR REVOCATION OF BRANCH PILOT'S

11-23    LICENSE.  (a)  On complaint or on its own motion, and after notice

11-24    and hearing, the board may suspend a branch pilot's license for not

11-25    more than six months or recommend that the governor revoke a branch

11-26    pilot's license if the board finds that the pilot has:

11-27                (1)  failed to demonstrate and maintain the

 12-1    qualifications for a license required by this chapter;

 12-2                (2)  used narcotics or other types of drugs, chemicals,

 12-3    or controlled substances as defined by law that impair the pilot's

 12-4    ability to perform his duties skillfully and efficiently;

 12-5                (3)  used alcohol to an extent that impairs the pilot's

 12-6    ability to perform his duties skillfully and efficiently;

 12-7                (4)  violated a provision of this chapter or rules

 12-8    adopted by the board under this chapter that were material to the

 12-9    performance of the pilot's duties at the time of the violation;

12-10                (5)  made a material misstatement in the application

12-11    for a license;

12-12                (6)  obtained or attempted to obtain a license under

12-13    this chapter by fraud or misrepresentation;

12-14                (7)  charged a pilotage rate other than that approved

12-15    by the board;

12-16                (8)  intentionally refused to pilot a vessel when

12-17    requested to do so by the master or person responsible for

12-18    navigation of the vessel except when, in the judgment of the pilot,

12-19    movement of the vessel would have constituted a hazard to life or

12-20    property or when pilotage charges that are due and owing are unpaid

12-21    by the person ordering the pilot services;

12-22                (9)  been absent from duty in violation of board rules

12-23    and without authorization;

12-24                (10)  aided or abetted another pilot in failing to

12-25    perform the other pilot's duties; or

12-26                (11)  been guilty of carelessness, neglect of duty,

12-27    intentional unavailability for normal performance of duties,

 13-1    refusal to perform duties, misconduct, or incompetence while on

 13-2    duty.

 13-3          (b)  On determining that a license should be suspended or

 13-4    revoked, the board shall adopt a written order that states its

 13-5    findings and:

 13-6                (1)  suspends the license for a stated period; or

 13-7                (2)  recommends to the governor revocation of the

 13-8    license.

 13-9          (c)  The governor, on receipt of a board order recommending

13-10    revocation of a license, shall revoke the license.  If the board's

13-11    order is appealed, the governor may not revoke the license until

13-12    the order is upheld on appeal.

13-13          (d)  A suspension of a license on the recommendation of a

13-14    pilot review board takes effect on adoption of the board's order.

13-15    A revocation of a branch pilot's license takes effect on issuance

13-16    of the governor's decision.

13-17          Sec. 70.043.  SUSPENSION OR REVOCATION OF DEPUTY BRANCH

13-18    PILOT'S CERTIFICATE.  A deputy branch pilot certificate may be

13-19    suspended or revoked by the board in the same manner and for the

13-20    same reasons as provided for the suspension or revocation of a

13-21    branch pilot's license by Section 70.042.

13-22          Sec. 70.044.  LIABILITY TO PILOT.  (a)  A person who is not a

13-23    pilot and who, in violation of this chapter, pilots a vessel and

13-24    the consignee of the vessel are liable to the pilot, on written

13-25    demand, for the amount of the applicable pilotage rate.

13-26          (b)  In an action to recover compensation under Subsection

13-27    (a), the court may include in a judgment in favor of a pilot an

 14-1    award of court costs and reasonable attorney's fees.

 14-2            (Sections 70.045 to 70.060 reserved for expansion

 14-3                       SUBCHAPTER D.  PILOTAGE RATES

 14-4          Sec. 70.061.  PILOTAGE RATE CHANGE.  (a)  The board may not

 14-5    change pilotage rates before the first anniversary of the preceding

 14-6    rate change.

 14-7          Sec. 70.062.  PILOT RATE CHANGE APPLICATION.  (a)  An

 14-8    application for a change in a pilotage rate may be filed with each

 14-9    commissioner of the board by:

14-10                (1)  one or more pilots; or

14-11                (2)  the owner, agent, or consignee of a vessel

14-12    navigating to or from the Port of Corpus Christi.

14-13          (b)  The application must contain:

14-14                (1)  a brief statement of the circumstances that

14-15    warrant the change; and

14-16                (2)  a certification that the applicant has submitted

14-17    copies of the application to all known pilots, consignees, and

14-18    associations of consignees operating in the Port of Corpus Christi

14-19    at the time of the application.

14-20          Sec. 70.063.  OBJECTION; HEARING.  (a)  If, not later than

14-21    the 20th day after the date notice is sent, a commissioner receives

14-22    a written objection to the application from any person who appears

14-23    to have a legitimate interest in the application, the board shall

14-24    hold a hearing as provided by this section.

14-25          (b)  The board shall hold the hearing not later than the 20th

14-26    day after the date the 20-day period provided by Subsection (a)

14-27    expires.

 15-1          (c)  The board shall give notice of the hearing to:

 15-2                (1)  each applicant;

 15-3                (2)  each person objecting to the application; and

 15-4                (3)  any other person the board determines is

 15-5    interested in the proceedings.

 15-6          (d)  The hearing shall be open to the public and held at a

 15-7    convenient time and place in one of the ports that would be

 15-8    affected by the change.  Each party who demonstrates a legitimate

 15-9    interest in the application is entitled to be heard, to present

15-10    evidence, and, to the extent the board considers practical, to

15-11    cross-examine testifying witnesses.

15-12          Sec. 70.064.  BOARD ACTION ON APPLICATION.  (a)  If an

15-13    objection to an application for a rate change is not received by

15-14    any commissioner within the period provided by Section 70.063(a),

15-15    the board shall act on the application without further proceedings.

15-16          (b)  If a hearing is held as provided by Section 70.063, the

15-17    board shall grant, deny, or modify the application after receipt of

15-18    the evidence offered by the parties and arguments and briefs

15-19    requested by the board.

15-20          Sec. 70.065.  PILOT FINANCIAL REPORT.  (a)  Not later than

15-21    the 10th day before the date set for a pilotage rate hearing, the

15-22    pilots who are licensed or certified to serve the port for which

15-23    the rates are being considered shall submit in writing to the board

15-24    and to any party designated by the board complete accounts of:

15-25                (1)  all amounts received from performing pilot

15-26    services within the board's jurisdiction;

15-27                (2)  all earnings from capital assets devoted to

 16-1    providing pilot services;

 16-2                (3)  all expenses incurred in connection with pilotage

 16-3    activities for which amounts described were received and earned;

 16-4    and

 16-5                (4)  estimates of receipts and expenses anticipated to

 16-6    result from the requested changes in pilotage rates.

 16-7          (b)  The pilots shall provide the information for:

 16-8                (1)  the calendar or fiscal year preceding the date of

 16-9    the pilotage rate change application; and

16-10                (2)  the subsequent period to within 60 days of the

16-11    date of the application.

16-12          Sec. 70.066.  FACTORS FOR BOARD CONSIDERATION.  (a)  In

16-13    acting on a pilotage rate change application, the board shall

16-14    consider:

16-15                (1)  characteristics of vessels to be piloted including

16-16    but not limited to the size of the vessel and the degree of

16-17    difficulty to maneuver;

16-18                (2)  costs to pilots to provide the required pilot

16-19    services;

16-20                (3)  the effect, including economic factors affecting

16-21    the shipping industry in the area, that the granting, refusal, or

16-22    modification of the application would have on the Port of Corpus

16-23    Christi and the persons residing in the board's jurisdiction;

16-24                (4)  an adequate and reasonable compensation for the

16-25    pilots and a fair return on the equipment and vessels that the

16-26    pilots employ in connection with pilot duties; and

16-27                (5)  the relationship between the pilotage rates in the

 17-1    Port of Corpus Christi and the rates applicable in other ports of

 17-2    this state and in competitive ports in other states.

 17-3          Sec. 70.067.  BOARD ACTION.  (a)  A board order granting,

 17-4    denying, or modifying an application for a rate change must state

 17-5    its effective date.  The order is final, except as provided by

 17-6    Subsection (b).

 17-7          (b)  Any party aggrieved by the board's order may, after

 17-8    exhausting all administrative remedies, appeal the order to a

 17-9    court.

17-10          Sec. 70.068.  REPORTING AND STENOGRAPHIC COSTS.  (a)  The

17-11    board may assess the actual costs the board considers fair and just

17-12    for reporting and stenographic services necessarily incurred in

17-13    connection with a hearing against one or more of the applicants and

17-14    objecting parties.

17-15          (b)  The board may require that an applicant or objecting

17-16    party deposit an amount against those costs as a condition of

17-17    presenting an application or objection.

17-18          Sec. 70.069.  ORDER FILED.  (a)  The board shall file a copy

17-19    of its order with the Nueces County clerk.

17-20          (b)  The board shall file the order not later than the 20th

17-21    day after:

17-22                (1)  the closing date of a hearing held as provided by

17-23    Section 70.063(b); or

17-24                (2)  if the hearing is not held, the expiration of the

17-25    period provided by Section 70.063(a).

17-26          Sec. 70.070.  EMERGENCY PILOTAGE RATES.  (a)  The board may

17-27    establish emergency pilotage rates for the period of an emergency,

 18-1    not to exceed 90 days, if the board finds that:

 18-2                (1)  a natural or man-made disaster has created a

 18-3    substantial hazard to piloting vessels into and out of a port; and

 18-4                (2)  the existence of the hazard overrides the

 18-5    necessity to comply with normal pilotage rate-setting procedures.

 18-6          (b)  In adopting emergency pilotage rates, the board is not

 18-7    required to comply with the procedures in this chapter or in its

 18-8    rules relating to the adoption of pilotage rates.

 18-9          (c)  Emergency pilotage rates may not be appealed.

18-10          (d)  The board shall adopt rules to carry out this section.

18-11          Sec. 70.071.  PILOT SERVICES REQUIRED.  The consignee of a

18-12    vessel under the consignee's control shall obtain pilot services

18-13    for the vessel and shall pay the pilot who pilots the vessel into

18-14    and out of the port area compensation according to the pilotage

18-15    rates filed by the board.

18-16          Sec. 70.072.  LIABILITY.  (a)  A pilot who charges a pilotage

18-17    rate for pilot services different from the pilotage rates

18-18    established under this chapter for the port in which the pilot

18-19    serves is liable to each person who was charged the different rate

18-20    for double the amount of pilotage.

18-21          (b)  A court may include in a judgment in favor of a person

18-22    who files suit to collect an amount owed under this chapter an

18-23    award to cover court costs and reasonable attorney's fees.

18-24            (Sections 70.073 to 70.080 reserved for expansion

18-25                      SUBCHAPTER E.  PILOT LIABILITY

18-26          Sec. 70.081.  PURPOSE.  The purpose of this subchapter is to:

18-27                (1)  in the public interest, stimulate and preserve

 19-1    maritime commerce on the pilotage grounds of this state by limiting

 19-2    and regulating the liability of pilots; and

 19-3                (2)  maintain pilotage fees at reasonable levels.

 19-4          Sec. 70.082.  PILOT LIABILITY.  A pilot is not liable

 19-5    directly or as a member of an organization of pilots for a claim

 19-6    that:

 19-7                (1)  arises from an act or omission of another pilot or

 19-8    organization of pilots; and

 19-9                (2)  relates directly or indirectly to pilot services.

19-10          Sec. 70.083.  PILOTS LIABILITY LIMITED.  (a)  A pilot

19-11    providing pilot services is not liable for more than $1,000 for

19-12    damage or loss caused by the pilot's error, omission, fault, or

19-13    neglect in the performance of the pilot services, except as

19-14    provided by Subsection (b).

19-15          (b)  Subsection (a) does not apply to:

19-16                (1)  damage or loss that arises because of the wilful

19-17    misconduct or gross negligence of the pilot;

19-18                (2)  liability for exemplary damages for gross

19-19    negligence of the pilot and for which no other person is jointly or

19-20    severally liable; or

19-21                (3)  an act or omission related to the ownership and

19-22    operation of a pilot boat unless the pilot boat is directly

19-23    involved in pilot services other than the transportation of pilots.

19-24          (c)  This section does not exempt the vessel or its owner or

19-25    operator from liability for damage or loss caused by the vessel to

19-26    a person or property on the grounds that:

19-27                (1)  the vessel was piloted by a pilot; or

 20-1                (2)  the damage or loss was caused by the error,

 20-2    omission, fault, or neglect of a pilot.

 20-3          (d)  In an action brought against a pilot for an act or

 20-4    omission for which liability is limited as provided by this section

 20-5    and in which other claims are made or anticipated with respect to

 20-6    the same act or omission, the court shall dismiss the proceedings

 20-7    as to the pilot to the extent the pleadings allege pilot liability

 20-8    that exceeds $1,000.

 20-9          SECTION 5.  (a)  Except as otherwise provided in this Act,

20-10    persons who are branch pilots serving a port covered under Section

20-11    4 of this Act on the effective date of this Act shall continue to

20-12    serve as branch pilots until their current commissions expire.

20-13          (b)  On expiration of a branch pilot's license for a port

20-14    covered by Section 4 of this Act, a pilot is eligible for license

20-15    renewal under the applicable license renewal provisions of this

20-16    Act, and those branch pilots shall be governed by this Act from its

20-17    effective date.

20-18          (c)  Persons who were appointed deputy branch pilots for a

20-19    port covered by Section 4 of this Act before the effective date of

20-20    this Act shall be issued deputy branch pilot certificates by the

20-21    board in whose jurisdiction they are acting as deputy branch pilots

20-22    on requesting the certificate in writing and without having to

20-23    comply with other procedural provisions of this chapter.

20-24          (d)  If a person is appointed as a deputy branch pilot for a

20-25    port covered by Section 1 of this Act before the effective date of

20-26    this Act, a certificate shall be issued for a term of two years.

20-27    If a person is appointed as a deputy branch pilot for a port

 21-1    covered by Section 1 of this Act on or after the effective date of

 21-2    this Act, a certificate shall be issued for a term of three years.

 21-3          (e)  If a person is appointed as a deputy branch pilot for a

 21-4    port covered by Section 4 of this Act before the effective date of

 21-5    this Act, a certificate shall be issued for a term of two years.

 21-6    If a person is appointed as a deputy branch pilot for a port

 21-7    covered by Section 4 of this Act on or after the effective date of

 21-8    this Act, a certificate shall be issued under the applicable

 21-9    provisions of this Act.

21-10          (f)  Deputy branch pilots in ports covered by this Act shall

21-11    be governed by this Act from its effective date.

21-12          SECTION 6.  This Act does not affect the existing laws for

21-13    ports in other counties of this state.

21-14          SECTION 7.  This Act takes effect September 1, 1997.

21-15          SECTION 8.  The importance of this legislation and the

21-16    crowded condition of the calendars in both houses create an

21-17    emergency and an imperative public necessity that the

21-18    constitutional rule requiring bills to be read on three several

21-19    days in each house be suspended, and this rule is hereby suspended.