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                                  * * * * *