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.