By:  Truan, et al.                                    S.B. No. 1352

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                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.  Section 66.033 and Section 66.040, Transportation

 1-5     Code, 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 years;

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

 2-1     undocking of vessels;

 2-2                 (8)  be in good mental and physical health;

 2-3                 (9)  have good moral character; and

 2-4                 (10)  possess the requisite skill as a navigator and

 2-5     pilot to perform competently and safely the duties of a branch

 2-6     pilot.

 2-7           Sec. 66.040.  TERMS OF LICENSES AND CERTIFICATES.  (a)  A

 2-8     branch pilot's license expires on the fourth anniversary of the

 2-9     date it is issued or renewed, provided that no pilot may furnish

2-10     pilot services under authority of a license after the pilot's 68th

2-11     birthday.

2-12           (b)  A deputy branch pilot's license expires on the third

2-13     [second] anniversary of the date it is issued and may not be

2-14     renewed.

2-15           SECTION 2.  Section 68.033, Transportation Code, is amended

2-16     to read as follows:

2-17           Sec. 68.033.  QUALIFICATIONS FOR LICENSE.  To be eligible for

2-18     a license as a branch pilot, a person must:

2-19                 (1)  be at least 25 years of age and less than 68 years

2-20     of age;

2-21                 (2)  be a United States citizen;

2-22                 (3)  as of the date the license is issued, have resided

2-23     continuously in this state for at least two years;

2-24                 (4)  have at least two years' service as a deputy

2-25     branch pilot and have successfully completed the board-approved

 3-1     training program;

 3-2                 (5)  have controlled the navigation of vessels such as

 3-3     the person would pilot;

 3-4                 (6)  have extensive experience in the docking and

 3-5     undocking of vessels;

 3-6                 (7)  be licensed under federal law to act as a pilot on

 3-7     vessels that navigate water on which the applicant will furnish

 3-8     pilot services;

 3-9                 (8)  be in good mental and physical health;

3-10                 (9)  have good moral character; and

3-11                 (10)  possess the requisite skill as a navigator and

3-12     pilot to perform competently and safely the duties of a branch

3-13     pilot.

3-14           SECTION 3.  Section 68.040(a), Transportation Code, is

3-15     amended to read as follows:

3-16           (a)  A branch pilot's license expires on the fourth

3-17     anniversary of the date it is issued or renewed, provided that no

3-18     pilot may furnish pilot services under authority of a license after

3-19     the pilot's 68th birthday.

3-20           SECTION 4.  Title 4, Transportation Code, is amended by

3-21     adding Chapter 70 to read as follows:

3-22            CHAPTER 70.  PORT OF CORPUS CHRISTI PILOTS LICENSING

3-23                             AND REGULATORY ACT.

3-24                      SUBCHAPTER A.  GENERAL PROVISIONS

3-25           Sec. 70.001.  SHORT TITLE.  This chapter may be cited as the

 4-1     Port of Corpus Christi Pilots Licensing and Regulatory Act.

 4-2           Sec. 70.002.  DEFINITIONS.  In this chapter:

 4-3                 (1)  "Board" means the board of pilot commissioners for

 4-4     the Port of Corpus Christi Authority.

 4-5                 (2)  "Consignee" means a person, including a master,

 4-6     owner, agent, subagent, person, firm, or corporation or any

 4-7     combination of those persons, who enters or clears a vessel at the

 4-8     Office of U.S. Customs.

 4-9                 (3)  "Port of Corpus Christi" means a place into which

4-10     a vessel enters or from which a vessel departs and the waterway

4-11     leading to that place from the Gulf of Mexico under the

4-12     jurisdiction of the Port of Corpus Christi Authority.

4-13                 (4)  "Pilot" means a person who is licensed as a branch

4-14     pilot or certified as a deputy branch pilot under this chapter.

4-15                 (5)  "Pilotage rate" means the remuneration a pilot may

4-16     lawfully charge a vessel for pilot services.

4-17                 (6)  "Pilot services" means acts of a pilot in

4-18     conducting a vessel through navigable water in this state and the

4-19     ports in which the pilot is licensed or certified as a pilot.

4-20                 (7)  "Vessel" means an oceangoing vessel.

4-21           Sec. 70.003.  APPLICATION OF ACT.  (a)  This chapter applies

4-22     only to the Port of Corpus Christi.

4-23           (b)  This chapter does not affect the existing laws for ports

4-24     in other counties, and those laws do not apply to the Port of

4-25     Corpus Christi.

 5-1                (Sections 70.004 to 70.010 reserved for expansion

 5-2                 SUBCHAPTER B.  BOARD OF PILOT COMMISSIONERS

 5-3           Sec. 70.011.  COMPOSITION OF BOARD.  The board of pilot

 5-4     commissioners for the Port of Corpus Christi is composed of the

 5-5     seven Port Commissioners for the Port of Corpus Christi Authority.

 5-6           Sec. 70.012.  PROHIBITED INTEREST.  A person may not be a

 5-7     member of the board if the person has a conflict of interest or a

 5-8     direct or indirect interest in any business affected by or

 5-9     connected with the performance of the person's duties as a pilot

5-10     commissioner.

5-11           Sec. 70.013.  OATH.  Before beginning service as a board

5-12     member, each board member must take and sign before a person

5-13     authorized to administer oaths an oath to faithfully and

5-14     impartially discharge the duties of the office.

5-15           Sec. 70.014.  TERM OF OFFICE.  (a)  The term of office of a

5-16     commissioner of pilots coincides with a person's term as a Port

5-17     Commissioner for the Port of Corpus Christi Authority.

5-18           (b)  A member holds office until the member's successor is

5-19     appointed and qualified.

5-20           Sec. 70.015.  JURISDICTION.  The board has exclusive

5-21     jurisdiction over the piloting of vessels in the Port of Corpus

5-22     Christi, including intermediate stops and landing places for

5-23     vessels on navigable streams wholly or partially located in the

5-24     board's jurisdiction.

5-25           Sec. 70.016.  ADMINISTRATION AND RULES.  (a)  The board shall

 6-1     administer this chapter and may perform any act or function

 6-2     necessary to carry out its powers and duties under this chapter;

 6-3           (b)  The board may adopt rules to carry out this chapter.

 6-4           Sec. 70.017.  DUTIES.  The board shall:

 6-5                 (1)  recommend to the governor the number of pilots

 6-6     necessary to provide adequate pilot services for the Port of Corpus

 6-7     Christi;

 6-8                 (2)  examine and determine the qualifications of each

 6-9     applicant for branch pilot;

6-10                 (3)  submit to the governor the names of persons who

6-11     have qualified under this chapter to be appointed as branch pilots;

6-12                 (4)  establish pilotage rates;

6-13                 (5)  approve any changes of the locations of pilot

6-14     stations;

6-15                 (6)  establish times during which pilot services will

6-16     be available;

6-17                 (7)  hear and determine complaints relating to the

6-18     conduct of pilots;

6-19                 (8)  make recommendations to the governor concerning

6-20     any pilot whose license or certificate should not be renewed or

6-21     should be revoked;

6-22                 (9)  adopt rules and issue orders to pilots and vessels

6-23     when necessary to secure efficient pilot services; and

6-24                 (10)  institute investigations or hearings or both to

6-25     consider casualties, accidents, or other actions that violate this

 7-1     chapter.

 7-2           Sec. 70.018.  PILOT REVIEW BOARD.  The board shall establish

 7-3     a pilot review board consisting of two active state-commissioned

 7-4     pilots serving the Port of Corpus Christi, two members of the

 7-5     marine industry, and a chairperson, who shall be the secretary of

 7-6     the board or his or her designee, to hear and review complaints

 7-7     against pilots and to make recommendations to the board concerning

 7-8     the complaints.

 7-9           Sec. 70.019.  UNFAIR DISCRIMINATION PROHIBITED.  (a)  In all

7-10     its duties, including rulemaking, the board may not sanction

7-11     discriminatory practices nor discriminate against a pilot or pilot

7-12     applicant because of race, religion, sex, ethnic origin, or

7-13     national origin.

7-14           (b)  A person seeking a remedy for a violation of this

7-15     section must bring suit in a district court in Nueces County.

7-16           Sec. 70.020.  OPEN MEETINGS LAW.  Chapter 551, Government

7-17     Code, applies to actions and proceedings under this chapter.

7-18           Sec. 70.021.  (a)  The board shall give at least 10 days'

7-19     notice as provided by this section before the board adopts a rule

7-20     or changes a pilotage rate.

7-21           (b)  The board shall mail the notice and a copy of the

7-22     proposed rule or change by registered mail to:

7-23                 (1)  the designated office of the Aransas-Corpus

7-24     Christi Pilots; and

7-25                 (2)  all known consignees and all known associations of

 8-1     consignees operating in Nueces County.

 8-2           (c)  The board shall post a copy of the proposed rule or

 8-3     change at the Nueces county courthouse for public inspection.

 8-4           Sec. 70.022.  JUDICIAL REVIEW.  Proceedings for judicial

 8-5     review of a board decision shall be brought in a district court in

 8-6     Nueces County.

 8-7             (Sections 70.023 to 70.030 reserved for expansion

 8-8               SUBCHAPTER C.  PILOTS' LICENSES OR CERTIFICATES

 8-9           Sec. 70.031.  LICENSES OR CERTIFICATE REQUIRED.  A person may

8-10     not provide pilot services unless the person has a license or

8-11     certificate issued under this chapter for the Port of Corpus

8-12     Christi.

8-13           Sec. 70.032.  QUALIFICATIONS FOR LICENSE.  (a)  To be

8-14     eligible for a license as a branch pilot, a person must:

8-15                 (1)  be at least 25 years of age;

8-16                 (2)  be a United States citizen;

8-17                 (3)  as of the date the license is issued, have resided

8-18     continuously in the state for at least two years;

8-19                 (4)  have at least two years' service as a deputy

8-20     branch pilot under the supervision of a state-commissioned pilot

8-21     serving the Port of Corpus Christi;

8-22                 (5)  have controlled the navigation of vessels such as

8-23     the person would pilot;

8-24                 (6)  have extensive experience in the docking and

8-25     undocking of vessels;

 9-1                 (7)  be in good mental and physical health;

 9-2                 (8)  have good moral character; and

 9-3                 (9)  possess the requisite skill as a navigator and

 9-4     pilot to perform competently and safely the duties of a branch

 9-5     pilot.

 9-6           Sec. 70.033.  QUALIFICATIONS FOR CERTIFICATE.  (a)  To be

 9-7     eligible for a certificate as a deputy branch pilot, a person must:

 9-8                 (1)  be at least 25 years of age;

 9-9                 (2)  be a United States citizen;

9-10                 (3)  be appointed by a branch pilot;

9-11                 (4)  be in good mental and physical health;

9-12                 (5)  have good moral character; and

9-13                 (6)  possess the requisite skill as a navigator and

9-14     pilot to perform competently and safely the duties of a deputy

9-15     branch pilot.

9-16           Sec. 70.034.  APPLICATION FOR LICENSE OF CERTIFICATE.  To

9-17     apply for a branch pilot's license or deputy branch pilot's

9-18     certificate, a person must give the board a written application in

9-19     the form and manner required by board rule.

9-20           Sec. 70.035.  CONSIDERATION OF APPLICATION.  As part of its

9-21     consideration of applications for licenses, the board may examine

9-22     and decide on the qualifications of an applicant for the position

9-23     of branch pilot.

9-24           Sec. 70.036.  BRANCH PILOT APPOINTMENT BY GOVERNOR.  (a)  On

9-25     filing of the bond and oath required by Section 70.038, the board

 10-1    shall certify to the governor that a person licensed as a branch

 10-2    pilot has qualified.

 10-3          (b)  On receipt of the board's certification, the governor

 10-4    shall issue to the person, in the name of the state and under the

 10-5    state seal, a commission to serve as a branch pilot to and from the

 10-6    Port of Corpus Christi.

 10-7          (c)  The governor shall appoint the number of branch pilots

 10-8    necessary to provide adequate pilot services for the Port of Corpus

 10-9    Christi.

10-10          Sec. 70.037.  DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH

10-11    PILOT.  (a)  Each branch pilot, subject to examination and approval

10-12    of the board, may appoint two deputy branch pilots.

10-13          (b)  A branch pilot may appoint an additional deputy branch

10-14    if the board considers the appointment advisable.

10-15          (c)  A branch pilot who appoints a deputy branch pilot

10-16    without the approval of the board forfeits the pilot's appointment

10-17    as a branch pilot.

10-18          Sec. 70.038.  OATH AND BOND.  (a)  A person appointed as a

10-19    pilot must take the official oath before entering service as a

10-20    pilot.  The oath shall be endorsed on the bond required by

10-21    Subsection (b).

10-22          (b)  Each pilot must execute a $25,000 bond payable to the

10-23    governor and conditioned on compliance with the laws, rules, and

10-24    orders relating to pilots and on the faithful performance of the

10-25    pilot's duties.

 11-1          (c)  each bond must be approved by the board.

 11-2          Sec. 70.039.  TERMS OF LICENSES AND CERTIFICATES.  (a)  A

 11-3    branch pilot's license expires on the fourth anniversary of the

 11-4    date it is issued or renewed.

 11-5          (b)  A deputy branch pilot's certificate expires on the

 11-6    second anniversary of the date it is issued and may not be renewed.

 11-7          Sec. 70.040.  BRANCH PILOT'S LICENSE RENEWAL.  (a)  The

 11-8    governor shall renew a branch pilot's expiring license if the board

 11-9    recommends renewal.

11-10          (b)  If a pilot applies in writing and qualifies, the board

11-11    shall recommend renewal unless the board determines there is

11-12    probable cause not to renew the license.

11-13          (c)  Probable cause not to renew a license exists if the

11-14    board finds that the license holder:

11-15                (1)  does not possess a qualification required by this

11-16    chapter for pilots; or

11-17                (2)  has a disability that will affect the license

11-18    holder's ability to serve as a pilot.

11-19          (d)  If the board determines that it has a probable cause not

11-20    to renew a license, the board shall notify the license holder not

11-21    later than the 60th day before the date the license expires.  On

11-22    request, the board shall provide a hearing after proper notice to

11-23    consider whether the board has cause not to recommend renewal of

11-24    the license.

11-25          (e)  If the board finds at the conclusion of the hearing that

 12-1    the board lacks probable cause for nonrenewal of the license, the

 12-2    board shall recommend that the governor renew the license.

 12-3          (f)  The board shall issue a written order recommending that

 12-4    the governor not renew a license and the governor may not renew the

 12-5    license if:

 12-6                (1)  the pilot does not contest the board's decision

 12-7    not to renew the license; or

 12-8                (2)  the board after a hearing finds that it has

 12-9    probable cause not to renew the license.

12-10          (g)  The denial of renewal of a pilot's license does not

12-11    prohibit the pilot from applying for a new license and being

12-12    reappointed.

12-13          Sec. 70.041.  DEPUTY BRANCH PILOT.  A person who has been

12-14    issued a deputy branch pilot's certificate may not be issued a

12-15    deputy branch pilot's certificate before the fifth anniversary of

12-16    the date the person was previously issued a deputy branch pilot's

12-17    certificate.

12-18          Sec. 70.042.  SUSPENSION OR REVOCATION OF BRANCH PILOT'S

12-19    LICENSE.  (a)  On complaint or on its own motion, and after notice

12-20    and hearing, the board may suspend a branch pilot's license for not

12-21    more than six months or recommend that the governor revoke a branch

12-22    pilot's license if the board finds that the pilot has:

12-23                (1)  failed to demonstrate and maintain the

12-24    qualifications for a license required by this chapter;

12-25                (2)  used narcotics or other types of drugs, chemicals,

 13-1    or controlled substances as defined by law that impair the pilot's

 13-2    ability to perform his duties skillfully and efficiently;

 13-3                (3)  used alcohol to an extent that impairs the pilot's

 13-4    ability to perform his duties skillfully and efficiently;

 13-5                (4)  violated a provision of this chapter or rules

 13-6    adopted by the board under this chapter that were material to the

 13-7    performance of the pilot's duties at the time of the violation;

 13-8                (5)  made a material misstatement in the application

 13-9    for a license;

13-10                (6)  obtained or attempted to obtain a license under

13-11    this chapter by fraud or misrepresentation;

13-12                (7)  charged a pilotage rate other than that approved

13-13    by the board;

13-14                (8)  intentionally refused to pilot a vessel when

13-15    requested to do so by the master or person responsible for

13-16    navigation of the vessel except when, in the judgment of the pilot,

13-17    movement of the vessel would have constituted a hazard to life or

13-18    property or when pilotage charges that are due and owing are unpaid

13-19    by the person ordering the pilot services;

13-20                (9)  been absent from duty in violation of board rules

13-21    and without authorization;

13-22                (10)  aided or abetted another pilot in failing to

13-23    perform the other pilot's duties; or

13-24                (11)  been guilty of carelessness, neglect of duty,

13-25    intentional unavailability for normal performance of duties,

 14-1    refusal to perform duties, misconduct, or incompetence while on

 14-2    duty.

 14-3          (b)  On determining that a license should be suspended or

 14-4    revoked, the board shall adopt a written order that states its

 14-5    findings and:

 14-6                (1)  suspends the license for a stated period; or

 14-7                (2)  recommends to the governor revocation of the

 14-8    license.

 14-9          (c)  The governor, on receipt of a board order recommending

14-10    revocation of a license, shall revoke the license.  If the board's

14-11    order is appealed, the governor may not revoke the license until

14-12    the order is upheld on appeal.

14-13          (d)  A suspension of a license on the recommendation of a

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

14-15    A revocation of a branch pilot's license takes effect on issuance

14-16    of the governor's decision.

14-17          Sec. 70.043.  SUSPENSION OR REVOCATION OF DEPUTY BRANCH

14-18    PILOT'S CERTIFICATE.  A deputy branch pilot certificate may be

14-19    suspended or revoked by the board in the same manner and for the

14-20    same reasons as provided for the suspension or revocation of a

14-21    branch pilot's license by Section 70.042.

14-22          Sec. 70.044.  LIABILITY TO PILOT.  (a)  A person who is not a

14-23    pilot and who, in violation of this chapter, pilots a vessel and

14-24    the consignee of the vessel are liable to the pilot, on written

14-25    demand, for the amount of the applicable pilotage rate.

 15-1          (b)  In an action to recover compensation under Subsection

 15-2    (a), the court may include in a judgment in favor of a pilot an

 15-3    award of court costs and reasonable attorney's fees.

 15-4            (Sections 70.045 to 70.060 reserved for expansion

 15-5                       SUBCHAPTER D.  PILOTAGE RATES

 15-6          Sec. 70.061.  PILOTAGE RATE CHANGE.  (a)  The board may not

 15-7    change pilotage rates before the first anniversary of the preceding

 15-8    rate change.

 15-9          Sec. 70.062.  PILOT RATE CHANGE APPLICATION.  (a)  An

15-10    application for a change in a pilotage rate may be filed with each

15-11    commissioner of the board by:

15-12                (1)  one or more pilots; or

15-13                (2)  the owner, agent, or consignee of a vessel

15-14    navigating to or from the Port of Corpus Christi.

15-15          (b)  The application must contain:

15-16                (1)  a brief statement of the circumstances that

15-17    warrant the change; and

15-18                (2)  a certification that the applicant has submitted

15-19    copies of the application to all known pilots, consignees, and

15-20    associations of consignees operating in the Port of Corpus Christi

15-21    at the time of the application.

15-22          Sec. 70.063.  OBJECTION; HEARING.  (a)  If, not later than

15-23    the 20th day after the date notice is sent, a commissioner receives

15-24    a written objection to the application from any person who appears

15-25    to have a legitimate interest in the application, the board shall

 16-1    hold a hearing as provided by this section.

 16-2          (b)  The board shall hold the hearing not later than the 20th

 16-3    day after the  date the 20-day period provided by Subsection (a)

 16-4    expires.

 16-5          (c)  The board shall give notice of the hearing to:

 16-6                (1)  each applicant;

 16-7                (2)  each person objecting to the application; and

 16-8                (3)  any other person the board determines is

 16-9    interested in the proceedings.

16-10          (d)  The hearing shall be open to the public and held at a

16-11    convenient time and place in one of the ports that would be

16-12    affected by the change.  Each party who demonstrates a legitimate

16-13    interest in the application is entitled to be heard, to present

16-14    evidence, and, to the extent the board considers practical, to

16-15    cross-examine testifying witnesses.

16-16          Sec. 70.064.  BOARD ACTION ON APPLICATION.  (a)  If an

16-17    objection to an application for a rate change is not received by

16-18    any commissioner within the period provided by Section 70.063(a),

16-19    the board shall act on the application without further proceedings.

16-20          (b)  If a hearing is held as provided by Section 70.063, the

16-21    board shall grant, deny, or modify the application after receipt of

16-22    the evidence offered by the parties and arguments and briefs

16-23    requested by the board.

16-24          Sec. 70.065.  PILOT FINANCIAL REPORT.  (a)  Not later than

16-25    the 10th day before the date set for a pilotage rate hearing, the

 17-1    pilots who are licensed or certified to serve the port for which

 17-2    the rates are being considered shall submit in writing to the board

 17-3    and to any party designated by the board complete accounts of:

 17-4                (1)  all amounts received from performing pilot

 17-5    services within the board's jurisdiction;

 17-6                (2)  all earnings from capital assets devoted to

 17-7    providing pilot services;

 17-8                (3)  all expenses incurred in connection with pilotage

 17-9    activities for which amounts described were received and earned;

17-10    and

17-11                (4)  estimates of receipts and expenses anticipated to

17-12    result from the requested changes in pilotage rates.

17-13          (b)  The pilots shall provide the information for:

17-14                (1)  the calendar or fiscal year preceding the date of

17-15    the pilotage rate change application; and

17-16                (2)  the subsequent period to within 60 days of the

17-17    date of the application.

17-18          Sec. 70.066.  FACTORS FOR BOARD CONSIDERATION.  (a)  In

17-19    acting on a pilotage rate change application, the board shall

17-20    consider:

17-21                (1)  characteristics of vessels to be piloted including

17-22    but not limited to the size of the vessel and the degree of

17-23    difficulty to maneuver;

17-24                (2)  costs to pilots to provide the required pilot

17-25    services;

 18-1                (3)  the effect, including economic factors affecting

 18-2    the shipping industry in the area, that the granting, refusal, or

 18-3    modification of the application would have upon the Port of Corpus

 18-4    Christi and the persons residing in the board's jurisdiction;

 18-5                (4)  an adequate and reasonable compensation for the

 18-6    pilots and a fair return on the equipment and vessels that the

 18-7    pilots employ in connection with pilot duties; and

 18-8                (5)  the relationship between the pilotage rates in the

 18-9    Port of Corpus Christi and the rates applicable in other ports of

18-10    this state and in competitive ports in other states.

18-11          Sec. 70.067.  BOARD ACTION.  (a)  A board order granting,

18-12    denying, or modifying an application for a rate change must state

18-13    its effective date.  The order is final, except as provided by

18-14    Subsection (b).

18-15          (b)  Any party aggrieved by the board's order may, after

18-16    exhausting all administrative remedies, appeal the order to a

18-17    court.

18-18          Sec. 70.068.  REPORTING AND STENOGRAPHIC COSTS.  (a)  The

18-19    board may assess the actual costs the board considers fair and just

18-20    for reporting and stenographic services necessarily incurred in

18-21    connection with a hearing against one or more of the applicants and

18-22    objecting parties.

18-23          (b)  The board may require that an applicant or objecting

18-24    party deposit an amount against those costs as a condition of

18-25    presenting an application or objection.

 19-1          Sec. 70.069.  ORDER FILED.  (a)  The board shall file a copy

 19-2    of its order with the Nueces County clerk.

 19-3          (b)  The board shall file the order not later than the 20th

 19-4    day after:

 19-5                (1)  the closing date of a hearing held as provided by

 19-6    Section 70.063(b); or

 19-7                (2)  if the hearing is not held, the expiration of the

 19-8    period provided by Section 70.063(a).

 19-9          Sec. 70.070.  EMERGENCY PILOTAGE RATES.  (a)  The board may

19-10    establish emergency pilotage rates for the period of an emergency,

19-11    not to exceed 90 days, if the board finds that:

19-12                (1)  a natural or man-made disaster has created a

19-13    substantial hazard to piloting vessels into and out of a port; and

19-14                (2)  the existence of the hazard overrides the

19-15    necessity to comply with normal pilotage rate-setting procedures.

19-16          (b)  In adopting emergency pilotage rates, the board is not

19-17    required to comply with the procedures in this chapter or in its

19-18    rules relating to the adoption of pilotage rates.

19-19          (c)  Emergency pilotage rates may not be appealed.

19-20          (d)  The board shall adopt rules to carry out this section.

19-21          Sec. 70.071.  PILOT SERVICES REQUIRED.  The consignee of a

19-22    vessel under the consignee's control shall obtain pilot services

19-23    for the vessel and shall pay the pilot who pilots the vessel into

19-24    and out of the port area compensation according to the pilotage

19-25    rates filed by the board.

 20-1          Sec. 70.072.  LIABILITY.  (a)  A pilot who charges a pilotage

 20-2    rate for pilot services different from the pilotage rates

 20-3    established under this chapter for the port in which the pilot

 20-4    services is liable to each person who was charged the different

 20-5    rate for double the amount of pilotage.

 20-6          (b)  A court may include in a judgment in favor of a person

 20-7    who files suit to collect an amount owed under this chapter an

 20-8    award to cover court costs and reasonable attorney's fees.

 20-9            (Sections 70.074 to 70.080 reserved for expansion

20-10                      SUBCHAPTER E.  PILOT LIABILITY

20-11          Sec. 70.081.  PURPOSE.  The purpose of this subchapter is to:

20-12                (1)  in the public interest, stimulate and preserve

20-13    maritime commerce on the pilotage grounds of this state by limiting

20-14    and regulating the liability of pilots; and

20-15                (2)  maintain pilotage fees at reasonable levels.

20-16          Sec. 70.082.  PILOT LIABILITY.  A pilot is not liable

20-17    directly or as a member of an organization of pilots for a claim

20-18    that:

20-19                (1)  arises from an act or omission of another pilot or

20-20    organization or pilots; and

20-21                (2)  relates directly or indirectly to pilot services.

20-22          Sec. 70.083.  PILOTS LIABILITY LIMITED.  (a)  A pilot

20-23    providing pilot services is not liable for more than $1,000 for

20-24    damage or loss caused by the pilot's error, omission, fault, or

20-25    neglect in the performance of the pilot services, except as

 21-1    provided by Subsection (b).

 21-2          (b)  Subsection (a) does not apply to:

 21-3                (1)  damage or loss that arises because of the wilful

 21-4    misconduct or gross negligence of the pilot;

 21-5                (2)  liability for exemplary damages for gross

 21-6    negligence of the pilot and for which no other person is jointly or

 21-7    severally liable; or

 21-8                (3)  an act or omission related to the ownership and

 21-9    operation of a pilot boat unless the pilot boat is directly

21-10    involved in pilot services other than the transportation of pilots.

21-11          (c)  This section does not exempt the vessel or its owner or

21-12    operator from liability for damage or loss caused by the vessel to

21-13    a person or property on the grounds that:

21-14                (1)  the vessel was piloted by a pilot; or

21-15                (2)  the damage or loss was caused by the error,

21-16    omission, fault, or neglect of a pilot.

21-17          (d)  In an action brought against a pilot for an act or

21-18    omission for which liability is limited as provided by this section

21-19    and in which other claims are made or anticipated with respect to

21-20    the same act or omission, the court shall dismiss the proceedings

21-21    as to the pilot to the extent the pleadings allege pilot liability

21-22    that exceeds $1,000.

21-23          SECTION 5.  (a)  Except as otherwise provided in this Act,

21-24    persons who are branch pilots serving a port covered under Section

21-25    4 of this Act on the effective date of this Act shall continue to

 22-1    serve as branch pilots until their current commissions expire.

 22-2          (b)  Upon expiration of a branch pilot's license for a port

 22-3    covered by Section 4 of this Act, a pilot is eligible for license

 22-4    renewal under the applicable license renewal provisions of this

 22-5    Act, and those branch pilots shall be governed by this Act from its

 22-6    effective date.

 22-7          (c)  Persons who were appointed deputy branch pilots for a

 22-8    port covered by Section 4 of this Act before the effective date of

 22-9    this Act shall be issued deputy branch pilot certificates by the

22-10    board in whose jurisdiction they are acting as deputy branch pilots

22-11    on requesting the certificate in writing and without having to

22-12    comply with other procedural provisions of this chapter.

22-13          (d)  If a person is appointed as a deputy branch pilot for a

22-14    port covered by Section 1 of this Act before the effective date of

22-15    this Act, a certificate shall be issued for a term of two years.

22-16    If a person is appointed as a deputy branch pilot for a port

22-17    covered by Section 1 of this Act on or after the effective date of

22-18    this Act, a certificate shall be issued for a term of three years.

22-19          (e)  If a person is appointed as a deputy branch pilot for a

22-20    port covered by Section 4 of this Act before the effective date of

22-21    this Act, a certificate shall be issued for a term of two years.

22-22    If a person is appointed as a deputy branch pilot for a port

22-23    covered by Section 4 of this Act on or after the effective date of

22-24    this Act, a certificate shall be issued under the applicable

22-25    provisions of this Act.

 23-1          (f)  Deputy branch pilots in ports covered by this Act shall

 23-2    be governed by this Act from its effective date.

 23-3          SECTION 6.  This Act does not affect the existing laws for

 23-4    ports in other counties of this state.

 23-5          SECTION 7.  This Act takes effect September 1, 1997.

 23-6          SECTION 8.  The importance of this legislation and the

 23-7    crowded condition of the calendars in both houses create an

 23-8    emergency and an imperative public necessity that the

 23-9    constitutional rule requiring bills to be read on three several

23-10    days in each house be suspended, and this rule is hereby suspended.