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.