1-1 By: Truan, et al. S.B. No. 1352
1-2 (In the Senate - Filed March 13, 1997; March 18, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 1, 1997, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; April 1, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to licensing and regulation of certain pilots, pilotage
1-9 rates, and pilot service.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 66.033 and 66.040, Transportation Code,
1-12 are amended to read as follows:
1-13 Sec. 66.033. QUALIFICATIONS FOR LICENSE. To be eligible for
1-14 a license as a branch pilot, a person must:
1-15 (1) be at least 25 years of age and less than 68 years
1-16 of age;
1-17 (2) be a United States citizen;
1-18 (3) as of the date the license is issued, have resided
1-19 continuously in this state for at least one year;
1-20 (4) be licensed under federal law to act as a pilot on
1-21 vessels that navigate water on which the applicant will furnish
1-22 pilot services;
1-23 (5) have at least three [two] years' service as a
1-24 deputy branch pilot or equivalent service piloting vessels of at
1-25 least 5,000 gross tons within the board's jurisdiction;
1-26 (6) have commanded or controlled the navigation of
1-27 vessels such as the person would pilot;
1-28 (7) have extensive experience in the docking and
1-29 undocking of vessels;
1-30 (8) be in good mental and physical health;
1-31 (9) have good moral character; and
1-32 (10) possess the requisite skill as a navigator and
1-33 pilot to perform competently and safely the duties of a branch
1-34 pilot.
1-35 Sec. 66.040. TERMS OF LICENSES AND CERTIFICATES. (a) A
1-36 branch pilot's license expires on the fourth anniversary of the
1-37 date it is issued or renewed, provided that no pilot may furnish
1-38 pilot services under authority of a license after the pilot's 68th
1-39 birthday.
1-40 (b) A deputy branch pilot's certificate expires on the third
1-41 [second] anniversary of the date it is issued and may not be
1-42 renewed.
1-43 SECTION 2. Section 68.033, Transportation Code, is amended
1-44 to read as follows:
1-45 Sec. 68.033. QUALIFICATIONS FOR LICENSE. To be eligible for
1-46 a license as a branch pilot, a person must:
1-47 (1) be at least 25 years of age and less than 68 years
1-48 of age;
1-49 (2) be a United States citizen;
1-50 (3) as of the date the license is issued, have resided
1-51 continuously in this state for at least two years;
1-52 (4) have at least two years' service as a deputy
1-53 branch pilot and have successfully completed the board-approved
1-54 training program;
1-55 (5) have controlled the navigation of vessels such as
1-56 the person would pilot;
1-57 (6) have extensive experience in the docking and
1-58 undocking of vessels;
1-59 (7) be licensed under federal law to act as a pilot on
1-60 vessels that navigate water on which the applicant will furnish
1-61 pilot services;
1-62 (8) be in good mental and physical health;
1-63 (9) have good moral character; and
1-64 (10) possess the requisite skill as a navigator and
2-1 pilot to perform competently and safely the duties of a branch
2-2 pilot.
2-3 SECTION 3. Subsection (a), Section 68.040, Transportation
2-4 Code, is amended to read as follows:
2-5 (a) A branch pilot's license expires on the fourth
2-6 anniversary of the date it is issued or renewed, provided that no
2-7 pilot may furnish pilot services under authority of a license after
2-8 the pilot's 68th birthday.
2-9 SECTION 4. Title 4, Transportation Code, is amended by
2-10 adding Chapter 70 to read as follows:
2-11 CHAPTER 70. PORT OF CORPUS CHRISTI PILOTS LICENSING
2-12 AND REGULATORY ACT
2-13 SUBCHAPTER A. GENERAL PROVISIONS
2-14 Sec. 70.001. SHORT TITLE. This chapter may be cited as the
2-15 Port of Corpus Christi Pilots Licensing and Regulatory Act.
2-16 Sec. 70.002. DEFINITIONS. In this chapter:
2-17 (1) "Board" means the board of pilot commissioners for
2-18 the Port of Corpus Christi Authority.
2-19 (2) "Consignee" means a person, including a master,
2-20 owner, agent, subagent, person, firm or corporation, or any
2-21 combination of those persons, who enters or clears a vessel at the
2-22 Office of United States Customs.
2-23 (3) "Port of Corpus Christi" means a place into which
2-24 a vessel enters or from which a vessel departs and the waterway
2-25 leading to that place from the Gulf of Mexico under the
2-26 jurisdiction of the Port of Corpus Christi Authority.
2-27 (4) "Pilot" means a person who is licensed as a branch
2-28 pilot or certified as a deputy branch pilot under this chapter.
2-29 (5) "Pilotage rate" means the remuneration a pilot may
2-30 lawfully charge a vessel for pilot services.
2-31 (6) "Pilot services" means acts of a pilot in
2-32 conducting a vessel through navigable water in this state and the
2-33 ports in which the pilot is licensed or certified as a pilot.
2-34 (7) "Vessel" means an oceangoing vessel.
2-35 Sec. 70.003. APPLICATION OF ACT. (a) This chapter applies
2-36 only to the Port of Corpus Christi.
2-37 (b) This chapter does not affect the existing laws for ports
2-38 in other counties, and those laws do not apply to the Port of
2-39 Corpus Christi.
2-40 (Sections 70.004 to 70.010 reserved for expansion
2-41 SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS
2-42 Sec. 70.011. COMPOSITION OF BOARD. The board of pilot
2-43 commissioners for the Port of Corpus Christi is composed of the
2-44 seven port commissioners for the Port of Corpus Christi Authority.
2-45 Sec. 70.012. PROHIBITED INTEREST. A person may not be a
2-46 member of the board if the person has a conflict of interest or a
2-47 direct or indirect interest in any business affected by or
2-48 connected with the performance of the person's duties as a pilot
2-49 commissioner.
2-50 Sec. 70.013. OATH. Before beginning service as a board
2-51 member, each board member must take and sign before a person
2-52 authorized to administer oaths an oath to faithfully and
2-53 impartially discharge the duties of the office.
2-54 Sec. 70.014. TERM OF OFFICE. (a) The term of office of a
2-55 commissioner of pilots coincides with a person's term as a port
2-56 commissioner for the Port of Corpus Christi Authority.
2-57 (b) A member holds office until the member's successor is
2-58 appointed and qualified.
2-59 Sec. 70.015. JURISDICTION. The board has exclusive
2-60 jurisdiction over the piloting of vessels in the Port of Corpus
2-61 Christi, including intermediate stops and landing places for
2-62 vessels on navigable streams wholly or partially located in the
2-63 board's jurisdiction.
2-64 Sec. 70.016. ADMINISTRATION AND RULES. (a) The board shall
2-65 administer this chapter and may perform any act or function
2-66 necessary to carry out its powers and duties under this chapter.
2-67 (b) The board may adopt rules to carry out this chapter.
2-68 Sec. 70.017. DUTIES. The board shall:
2-69 (1) recommend to the governor the number of pilots
3-1 necessary to provide adequate pilot services for the Port of Corpus
3-2 Christi;
3-3 (2) examine and determine the qualifications of each
3-4 applicant for branch pilot;
3-5 (3) submit to the governor the names of persons who
3-6 have qualified under this chapter to be appointed as branch pilots;
3-7 (4) establish pilotage rates;
3-8 (5) approve any changes of the locations of pilot
3-9 stations;
3-10 (6) establish times during which pilot services will
3-11 be available;
3-12 (7) hear and determine complaints relating to the
3-13 conduct of pilots;
3-14 (8) make recommendations to the governor concerning
3-15 any pilot whose license or certificate should not be renewed or
3-16 should be revoked;
3-17 (9) adopt rules and issue orders to pilots and vessels
3-18 when necessary to secure efficient pilot services; and
3-19 (10) institute investigations or hearings or both to
3-20 consider casualties, accidents, or other actions that violate this
3-21 chapter.
3-22 Sec. 70.018. PILOT REVIEW BOARD. The board shall establish
3-23 a pilot review board consisting of two active state-commissioned
3-24 pilots serving the Port of Corpus Christi, two members of the
3-25 marine industry, and a chairperson, who, or whose designee, shall
3-26 be the secretary of the board, to hear and review complaints
3-27 against pilots and to make recommendations to the board concerning
3-28 the complaints.
3-29 Sec. 70.019. UNFAIR DISCRIMINATION PROHIBITED. (a) In all
3-30 its duties, including rulemaking, the board may not sanction
3-31 discriminatory practices nor discriminate against a pilot or pilot
3-32 applicant because of race, religion, sex, ethnic origin, or
3-33 national origin.
3-34 (b) A person seeking a remedy for a violation of this
3-35 section must bring suit in a district court in Nueces County.
3-36 Sec. 70.020. OPEN MEETINGS LAW. Chapter 551, Government
3-37 Code, applies to actions and proceedings under this chapter.
3-38 Sec. 70.021. RULE OR RATE CHANGE. (a) The board shall give
3-39 at least 10 days' notice as provided by this section before the
3-40 board adopts a rule or changes a pilotage rate.
3-41 (b) The board shall mail the notice and a copy of the
3-42 proposed rule or change by registered mail to:
3-43 (1) the designated office of the Aransas-Corpus
3-44 Christi Pilots; and
3-45 (2) all known consignees and all known associations of
3-46 consignees operating in Nueces County.
3-47 (c) The board shall post a copy of the proposed rule or
3-48 change at the Nueces County courthouse for public inspection.
3-49 Sec. 70.022. JUDICIAL REVIEW. Proceedings for judicial
3-50 review of a board decision shall be brought in a district court in
3-51 Nueces County.
3-52 (Sections 70.023 to 70.030 reserved for expansion
3-53 SUBCHAPTER C. PILOTS' LICENSES OR CERTIFICATES
3-54 Sec. 70.031. LICENSES OR CERTIFICATE REQUIRED. A person may
3-55 not provide pilot services unless the person has a license or
3-56 certificate issued under this chapter for the Port of Corpus
3-57 Christi.
3-58 Sec. 70.032. QUALIFICATIONS FOR LICENSE. (a) To be
3-59 eligible for a license as a branch pilot, a person must:
3-60 (1) be at least 25 years of age;
3-61 (2) be a United States citizen;
3-62 (3) as of the date the license is issued, have resided
3-63 continuously in the state for at least two years;
3-64 (4) have at least two years' service as a deputy
3-65 branch pilot under the supervision of a state-commissioned pilot
3-66 serving the Port of Corpus Christi;
3-67 (5) have controlled the navigation of vessels such as
3-68 the person would pilot;
3-69 (6) have extensive experience in the docking and
4-1 undocking of vessels;
4-2 (7) be in good mental and physical health;
4-3 (8) have good moral character; and
4-4 (9) possess the requisite skill as a navigator and
4-5 pilot to perform competently and safely the duties of a branch
4-6 pilot.
4-7 Sec. 70.033. QUALIFICATIONS FOR CERTIFICATE. (a) To be
4-8 eligible for a certificate as a deputy branch pilot, a person must:
4-9 (1) be at least 25 years of age;
4-10 (2) be a United States citizen;
4-11 (3) be appointed by a branch pilot;
4-12 (4) be in good mental and physical health;
4-13 (5) have good moral character; and
4-14 (6) possess the requisite skill as a navigator and
4-15 pilot to perform competently and safely the duties of a deputy
4-16 branch pilot.
4-17 Sec. 70.034. APPLICATION FOR LICENSE OR CERTIFICATE. To
4-18 apply for a branch pilot's license or a deputy branch pilot's
4-19 certificate, a person must give the board a written application in
4-20 the form and manner required by board rule.
4-21 Sec. 70.035. CONSIDERATION OF APPLICATION. As part of its
4-22 consideration of applications for licenses, the board may examine
4-23 and decide on the qualifications of an applicant for the position
4-24 of branch pilot.
4-25 Sec. 70.036. BRANCH PILOT APPOINTMENT BY GOVERNOR. (a) On
4-26 filing of the bond and oath required by Section 70.038, the board
4-27 shall certify to the governor that a person licensed as a branch
4-28 pilot has qualified.
4-29 (b) On receipt of the board's certification, the governor
4-30 shall issue to the person, in the name of the state and under the
4-31 state seal, a commission to serve as a branch pilot to and from the
4-32 Port of Corpus Christi.
4-33 (c) The governor shall appoint the number of branch pilots
4-34 necessary to provide adequate pilot services for the Port of Corpus
4-35 Christi.
4-36 Sec. 70.037. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH
4-37 PILOT. (a) Each branch pilot, subject to examination and approval
4-38 of the board, may appoint two deputy branch pilots.
4-39 (b) A branch pilot may appoint an additional deputy branch
4-40 pilot if the board considers the appointment advisable.
4-41 (c) A branch pilot who appoints a deputy branch pilot
4-42 without the approval of the board forfeits the pilot's appointment
4-43 as a branch pilot.
4-44 Sec. 70.038. OATH AND BOND. (a) A person appointed as a
4-45 pilot must take the official oath before entering service as a
4-46 pilot. The oath shall be endorsed on the bond required by
4-47 Subsection (b).
4-48 (b) Each pilot must execute a $25,000 bond payable to the
4-49 governor and conditioned on compliance with the laws, rules, and
4-50 orders relating to pilots and on the faithful performance of the
4-51 pilot's duties.
4-52 (c) each bond must be approved by the board.
4-53 Sec. 70.039. TERMS OF LICENSES AND CERTIFICATES. (a) A
4-54 branch pilot's license expires on the fourth anniversary of the
4-55 date it is issued or renewed.
4-56 (b) A deputy branch pilot's certificate expires on the
4-57 second anniversary of the date it is issued and may not be renewed.
4-58 Sec. 70.040. BRANCH PILOT'S LICENSE RENEWAL. (a) The
4-59 governor shall renew a branch pilot's expiring license if the board
4-60 recommends renewal.
4-61 (b) If a pilot applies in writing and qualifies, the board
4-62 shall recommend renewal unless the board determines there is
4-63 probable cause not to renew the license.
4-64 (c) Probable cause not to renew a license exists if the
4-65 board finds that the license holder:
4-66 (1) does not possess a qualification required by this
4-67 chapter for pilots; or
4-68 (2) has a disability that will affect the license
4-69 holder's ability to serve as a pilot.
5-1 (d) If the board determines that it has a probable cause not
5-2 to renew a license, the board shall notify the license holder not
5-3 later than the 60th day before the date the license expires. On
5-4 request, the board shall provide a hearing after proper notice to
5-5 consider whether the board has cause not to recommend renewal of
5-6 the license.
5-7 (e) If the board finds at the conclusion of the hearing that
5-8 the board lacks probable cause for nonrenewal of the license, the
5-9 board shall recommend that the governor renew the license.
5-10 (f) The board shall issue a written order recommending that
5-11 the governor not renew a license and the governor may not renew the
5-12 license if:
5-13 (1) the pilot does not contest the board's decision
5-14 not to renew the license; or
5-15 (2) the board after a hearing finds that it has
5-16 probable cause not to renew the license.
5-17 (g) The denial of renewal of a pilot's license does not
5-18 prohibit the pilot from applying for a new license and being
5-19 reappointed.
5-20 Sec. 70.041. DEPUTY BRANCH PILOT. A person who has been
5-21 issued a deputy branch pilot's certificate may not be issued a
5-22 deputy branch pilot's certificate before the fifth anniversary of
5-23 the date the person was previously issued a deputy branch pilot's
5-24 certificate.
5-25 Sec. 70.042. SUSPENSION OR REVOCATION OF BRANCH PILOT'S
5-26 LICENSE. (a) On complaint or on its own motion, and after notice
5-27 and hearing, the board may suspend a branch pilot's license for not
5-28 more than six months or recommend that the governor revoke a branch
5-29 pilot's license if the board finds that the pilot has:
5-30 (1) failed to demonstrate and maintain the
5-31 qualifications for a license required by this chapter;
5-32 (2) used narcotics or other types of drugs, chemicals,
5-33 or controlled substances as defined by law that impair the pilot's
5-34 ability to perform his duties skillfully and efficiently;
5-35 (3) used alcohol to an extent that impairs the pilot's
5-36 ability to perform his duties skillfully and efficiently;
5-37 (4) violated a provision of this chapter or rules
5-38 adopted by the board under this chapter that were material to the
5-39 performance of the pilot's duties at the time of the violation;
5-40 (5) made a material misstatement in the application
5-41 for a license;
5-42 (6) obtained or attempted to obtain a license under
5-43 this chapter by fraud or misrepresentation;
5-44 (7) charged a pilotage rate other than that approved
5-45 by the board;
5-46 (8) intentionally refused to pilot a vessel when
5-47 requested to do so by the master or person responsible for
5-48 navigation of the vessel except when, in the judgment of the pilot,
5-49 movement of the vessel would have constituted a hazard to life or
5-50 property or when pilotage charges that are due and owing are unpaid
5-51 by the person ordering the pilot services;
5-52 (9) been absent from duty in violation of board rules
5-53 and without authorization;
5-54 (10) aided or abetted another pilot in failing to
5-55 perform the other pilot's duties; or
5-56 (11) been guilty of carelessness, neglect of duty,
5-57 intentional unavailability for normal performance of duties,
5-58 refusal to perform duties, misconduct, or incompetence while on
5-59 duty.
5-60 (b) On determining that a license should be suspended or
5-61 revoked, the board shall adopt a written order that states its
5-62 findings and:
5-63 (1) suspends the license for a stated period; or
5-64 (2) recommends to the governor revocation of the
5-65 license.
5-66 (c) The governor, on receipt of a board order recommending
5-67 revocation of a license, shall revoke the license. If the board's
5-68 order is appealed, the governor may not revoke the license until
5-69 the order is upheld on appeal.
6-1 (d) A suspension of a license on the recommendation of a
6-2 pilot review board takes effect on adoption of the board's order.
6-3 A revocation of a branch pilot's license takes effect on issuance
6-4 of the governor's decision.
6-5 Sec. 70.043. SUSPENSION OR REVOCATION OF DEPUTY BRANCH
6-6 PILOT'S CERTIFICATE. A deputy branch pilot certificate may be
6-7 suspended or revoked by the board in the same manner and for the
6-8 same reasons as provided for the suspension or revocation of a
6-9 branch pilot's license by Section 70.042.
6-10 Sec. 70.044. LIABILITY TO PILOT. (a) A person who is not a
6-11 pilot and who, in violation of this chapter, pilots a vessel and
6-12 the consignee of the vessel are liable to the pilot, on written
6-13 demand, for the amount of the applicable pilotage rate.
6-14 (b) In an action to recover compensation under Subsection
6-15 (a), the court may include in a judgment in favor of a pilot an
6-16 award of court costs and reasonable attorney's fees.
6-17 (Sections 70.045 to 70.060 reserved for expansion
6-18 SUBCHAPTER D. PILOTAGE RATES
6-19 Sec. 70.061. PILOTAGE RATE CHANGE. (a) The board may not
6-20 change pilotage rates before the first anniversary of the preceding
6-21 rate change.
6-22 Sec. 70.062. PILOT RATE CHANGE APPLICATION. (a) An
6-23 application for a change in a pilotage rate may be filed with each
6-24 commissioner of the board by:
6-25 (1) one or more pilots; or
6-26 (2) the owner, agent, or consignee of a vessel
6-27 navigating to or from the Port of Corpus Christi.
6-28 (b) The application must contain:
6-29 (1) a brief statement of the circumstances that
6-30 warrant the change; and
6-31 (2) a certification that the applicant has submitted
6-32 copies of the application to all known pilots, consignees, and
6-33 associations of consignees operating in the Port of Corpus Christi
6-34 at the time of the application.
6-35 Sec. 70.063. OBJECTION; HEARING. (a) If, not later than
6-36 the 20th day after the date notice is sent, a commissioner receives
6-37 a written objection to the application from any person who appears
6-38 to have a legitimate interest in the application, the board shall
6-39 hold a hearing as provided by this section.
6-40 (b) The board shall hold the hearing not later than the 20th
6-41 day after the date the 20-day period provided by Subsection (a)
6-42 expires.
6-43 (c) The board shall give notice of the hearing to:
6-44 (1) each applicant;
6-45 (2) each person objecting to the application; and
6-46 (3) any other person the board determines is
6-47 interested in the proceedings.
6-48 (d) The hearing shall be open to the public and held at a
6-49 convenient time and place in one of the ports that would be
6-50 affected by the change. Each party who demonstrates a legitimate
6-51 interest in the application is entitled to be heard, to present
6-52 evidence, and, to the extent the board considers practical, to
6-53 cross-examine testifying witnesses.
6-54 Sec. 70.064. BOARD ACTION ON APPLICATION. (a) If an
6-55 objection to an application for a rate change is not received by
6-56 any commissioner within the period provided by Section 70.063(a),
6-57 the board shall act on the application without further proceedings.
6-58 (b) If a hearing is held as provided by Section 70.063, the
6-59 board shall grant, deny, or modify the application after receipt of
6-60 the evidence offered by the parties and arguments and briefs
6-61 requested by the board.
6-62 Sec. 70.065. PILOT FINANCIAL REPORT. (a) Not later than
6-63 the 10th day before the date set for a pilotage rate hearing, the
6-64 pilots who are licensed or certified to serve the port for which
6-65 the rates are being considered shall submit in writing to the board
6-66 and to any party designated by the board complete accounts of:
6-67 (1) all amounts received from performing pilot
6-68 services within the board's jurisdiction;
6-69 (2) all earnings from capital assets devoted to
7-1 providing pilot services;
7-2 (3) all expenses incurred in connection with pilotage
7-3 activities for which amounts described were received and earned;
7-4 and
7-5 (4) estimates of receipts and expenses anticipated to
7-6 result from the requested changes in pilotage rates.
7-7 (b) The pilots shall provide the information for:
7-8 (1) the calendar or fiscal year preceding the date of
7-9 the pilotage rate change application; and
7-10 (2) the subsequent period to within 60 days of the
7-11 date of the application.
7-12 Sec. 70.066. FACTORS FOR BOARD CONSIDERATION. (a) In
7-13 acting on a pilotage rate change application, the board shall
7-14 consider:
7-15 (1) characteristics of vessels to be piloted including
7-16 but not limited to the size of the vessel and the degree of
7-17 difficulty to maneuver;
7-18 (2) costs to pilots to provide the required pilot
7-19 services;
7-20 (3) the effect, including economic factors affecting
7-21 the shipping industry in the area, that the granting, refusal, or
7-22 modification of the application would have on the Port of Corpus
7-23 Christi and the persons residing in the board's jurisdiction;
7-24 (4) an adequate and reasonable compensation for the
7-25 pilots and a fair return on the equipment and vessels that the
7-26 pilots employ in connection with pilot duties; and
7-27 (5) the relationship between the pilotage rates in the
7-28 Port of Corpus Christi and the rates applicable in other ports of
7-29 this state and in competitive ports in other states.
7-30 Sec. 70.067. BOARD ACTION. (a) A board order granting,
7-31 denying, or modifying an application for a rate change must state
7-32 its effective date. The order is final, except as provided by
7-33 Subsection (b).
7-34 (b) Any party aggrieved by the board's order may, after
7-35 exhausting all administrative remedies, appeal the order to a
7-36 court.
7-37 Sec. 70.068. REPORTING AND STENOGRAPHIC COSTS. (a) The
7-38 board may assess the actual costs the board considers fair and just
7-39 for reporting and stenographic services necessarily incurred in
7-40 connection with a hearing against one or more of the applicants and
7-41 objecting parties.
7-42 (b) The board may require that an applicant or objecting
7-43 party deposit an amount against those costs as a condition of
7-44 presenting an application or objection.
7-45 Sec. 70.069. ORDER FILED. (a) The board shall file a copy
7-46 of its order with the Nueces County clerk.
7-47 (b) The board shall file the order not later than the 20th
7-48 day after:
7-49 (1) the closing date of a hearing held as provided by
7-50 Section 70.063(b); or
7-51 (2) if the hearing is not held, the expiration of the
7-52 period provided by Section 70.063(a).
7-53 Sec. 70.070. EMERGENCY PILOTAGE RATES. (a) The board may
7-54 establish emergency pilotage rates for the period of an emergency,
7-55 not to exceed 90 days, if the board finds that:
7-56 (1) a natural or man-made disaster has created a
7-57 substantial hazard to piloting vessels into and out of a port; and
7-58 (2) the existence of the hazard overrides the
7-59 necessity to comply with normal pilotage rate-setting procedures.
7-60 (b) In adopting emergency pilotage rates, the board is not
7-61 required to comply with the procedures in this chapter or in its
7-62 rules relating to the adoption of pilotage rates.
7-63 (c) Emergency pilotage rates may not be appealed.
7-64 (d) The board shall adopt rules to carry out this section.
7-65 Sec. 70.071. PILOT SERVICES REQUIRED. The consignee of a
7-66 vessel under the consignee's control shall obtain pilot services
7-67 for the vessel and shall pay the pilot who pilots the vessel into
7-68 and out of the port area compensation according to the pilotage
7-69 rates filed by the board.
8-1 Sec. 70.072. LIABILITY. (a) A pilot who charges a pilotage
8-2 rate for pilot services different from the pilotage rates
8-3 established under this chapter for the port in which the pilot
8-4 serves is liable to each person who was charged the different rate
8-5 for double the amount of pilotage.
8-6 (b) A court may include in a judgment in favor of a person
8-7 who files suit to collect an amount owed under this chapter an
8-8 award to cover court costs and reasonable attorney's fees.
8-9 (Sections 70.073 to 70.080 reserved for expansion
8-10 SUBCHAPTER E. PILOT LIABILITY
8-11 Sec. 70.081. PURPOSE. The purpose of this subchapter is to:
8-12 (1) in the public interest, stimulate and preserve
8-13 maritime commerce on the pilotage grounds of this state by limiting
8-14 and regulating the liability of pilots; and
8-15 (2) maintain pilotage fees at reasonable levels.
8-16 Sec. 70.082. PILOT LIABILITY. A pilot is not liable
8-17 directly or as a member of an organization of pilots for a claim
8-18 that:
8-19 (1) arises from an act or omission of another pilot or
8-20 organization of pilots; and
8-21 (2) relates directly or indirectly to pilot services.
8-22 Sec. 70.083. PILOTS LIABILITY LIMITED. (a) A pilot
8-23 providing pilot services is not liable for more than $1,000 for
8-24 damage or loss caused by the pilot's error, omission, fault, or
8-25 neglect in the performance of the pilot services, except as
8-26 provided by Subsection (b).
8-27 (b) Subsection (a) does not apply to:
8-28 (1) damage or loss that arises because of the wilful
8-29 misconduct or gross negligence of the pilot;
8-30 (2) liability for exemplary damages for gross
8-31 negligence of the pilot and for which no other person is jointly or
8-32 severally liable; or
8-33 (3) an act or omission related to the ownership and
8-34 operation of a pilot boat unless the pilot boat is directly
8-35 involved in pilot services other than the transportation of pilots.
8-36 (c) This section does not exempt the vessel or its owner or
8-37 operator from liability for damage or loss caused by the vessel to
8-38 a person or property on the grounds that:
8-39 (1) the vessel was piloted by a pilot; or
8-40 (2) the damage or loss was caused by the error,
8-41 omission, fault, or neglect of a pilot.
8-42 (d) In an action brought against a pilot for an act or
8-43 omission for which liability is limited as provided by this section
8-44 and in which other claims are made or anticipated with respect to
8-45 the same act or omission, the court shall dismiss the proceedings
8-46 as to the pilot to the extent the pleadings allege pilot liability
8-47 that exceeds $1,000.
8-48 SECTION 5. (a) Except as otherwise provided in this Act,
8-49 persons who are branch pilots serving a port covered under Section
8-50 4 of this Act on the effective date of this Act shall continue to
8-51 serve as branch pilots until their current commissions expire.
8-52 (b) On expiration of a branch pilot's license for a port
8-53 covered by Section 4 of this Act, a pilot is eligible for license
8-54 renewal under the applicable license renewal provisions of this
8-55 Act, and those branch pilots shall be governed by this Act from its
8-56 effective date.
8-57 (c) Persons who were appointed deputy branch pilots for a
8-58 port covered by Section 4 of this Act before the effective date of
8-59 this Act shall be issued deputy branch pilot certificates by the
8-60 board in whose jurisdiction they are acting as deputy branch pilots
8-61 on requesting the certificate in writing and without having to
8-62 comply with other procedural provisions of this chapter.
8-63 (d) If a person is appointed as a deputy branch pilot for a
8-64 port covered by Section 1 of this Act before the effective date of
8-65 this Act, a certificate shall be issued for a term of two years.
8-66 If a person is appointed as a deputy branch pilot for a port
8-67 covered by Section 1 of this Act on or after the effective date of
8-68 this Act, a certificate shall be issued for a term of three years.
8-69 (e) If a person is appointed as a deputy branch pilot for a
9-1 port covered by Section 4 of this Act before the effective date of
9-2 this Act, a certificate shall be issued for a term of two years.
9-3 If a person is appointed as a deputy branch pilot for a port
9-4 covered by Section 4 of this Act on or after the effective date of
9-5 this Act, a certificate shall be issued under the applicable
9-6 provisions of this Act.
9-7 (f) Deputy branch pilots in ports covered by this Act shall
9-8 be governed by this Act from its effective date.
9-9 SECTION 6. This Act does not affect the existing laws for
9-10 ports in other counties of this state.
9-11 SECTION 7. This Act takes effect September 1, 1997.
9-12 SECTION 8. The importance of this legislation and the
9-13 crowded condition of the calendars in both houses create an
9-14 emergency and an imperative public necessity that the
9-15 constitutional rule requiring bills to be read on three several
9-16 days in each house be suspended, and this rule is hereby suspended.
9-17 * * * * *