By Madla S.B. No. 1567
75R4631 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment, senate confirmation, and suspension or
1-3 removal of port pilots.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 62.025, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 62.025. POWERS OF PILOT BOARDS. The pilot board of a
1-8 navigation district may:
1-9 (1) recommend to the governor the appointment of a
1-10 branch pilot of a port in the district;
1-11 (2) [appoint,] suspend[,] or dismiss a branch or
1-12 deputy pilot of a port in the district;
1-13 (3) [(2)] establish pilotage rates for service in the
1-14 board's jurisdiction; or
1-15 (4) [(3)] adopt and enforce rules consistent with this
1-16 chapter about the qualification or regulation of branch pilots or
1-17 the appointment, qualification, or regulation of [branch or] deputy
1-18 pilots that are needed to govern those pilots and for the proper
1-19 operation of the district's ports.
1-20 SECTION 2. Section 62.041(a), Transportation Code, is
1-21 amended to read as follows:
1-22 (a) The pilot board of a navigation district shall examine
1-23 and determine the qualifications of each applicant for the position
1-24 of branch or deputy pilot before recommending the appointment of
2-1 [appointing] a branch or deputy pilot.
2-2 SECTION 3. Subchapter C, Chapter 62, Transportation Code, is
2-3 amended by adding Section 62.0411 to read as follows:
2-4 Sec. 62.0411. APPOINTMENT OF BRANCH PILOT. (a) The
2-5 governor, with the advice and consent of the senate, shall appoint
2-6 a branch pilot of a port in a navigation district from the persons
2-7 recommended by the pilot board of the district.
2-8 (b) A branch pilot is a state officer.
2-9 SECTION 4. Section 62.042(a), Transportation Code, is
2-10 amended to read as follows:
2-11 (a) A branch pilot appointed under this chapter [or the
2-12 rules of the pilot board of a navigation district] must take the
2-13 official oath. The oath must be endorsed on the bond required by
2-14 Subsection (b).
2-15 SECTION 5. Section 62.046, Transportation Code, is amended
2-16 to read as follows:
2-17 Sec. 62.046. SUSPENSION OR DISMISSAL OF PILOTS; JUDICIAL
2-18 REVIEW. (a) The pilot board of a navigation district may suspend
2-19 or dismiss a branch or deputy pilot only for misconduct,
2-20 incompetence, inefficiency, or intoxication on duty and after a
2-21 hearing on the accusation is held before the pilot board at which
2-22 there is opportunity for testimony and defense.
2-23 (b) A decision of a pilot board after a hearing under
2-24 Subsection (a) may be appealed as provided by Subchapter G,
2-25 Chapter 2001, Government Code.
2-26 SECTION 6. Section 63.003(b), Transportation Code, is
2-27 amended to read as follows:
3-1 (b) A pilot board, after a hearing, may suspend a pilot for
3-2 sufficient cause, including misconduct or incompetence.
3-3 SECTION 7. Section 63.005, Transportation Code, is amended
3-4 to read as follows:
3-5 Sec. 63.005. APPEAL OF BOARD DECISION. (a) An appeal from
3-6 a decision of a pilot board may be taken to a court.
3-7 (b) A decision of a pilot board after a hearing under
3-8 Section 63.003(b) may be appealed as provided by Subchapter G,
3-9 Chapter 2001, Government Code.
3-10 SECTION 8. Section 63.021(b), Transportation Code, is
3-11 amended to read as follows:
3-12 (b) In accordance with this chapter, the committee may:
3-13 (1) adopt rates of pilotage and rules for governing
3-14 pilots;
3-15 (2) examine the qualifications of pilots and pilot
3-16 applicants; and
3-17 (3) investigate any case of a pilot charged with
3-18 misconduct, incompetence, or inefficiency and suspend that pilot if
3-19 sufficient cause is found.
3-20 SECTION 9. Section 63.041, Transportation Code, is amended
3-21 by amending Subsection (a) and adding Subsection (c) to read as
3-22 follows:
3-23 (a) The governor, with the advice and consent of the senate,
3-24 shall appoint at each port for which a pilot board or provisional
3-25 pilot committee is established the number of branch pilots
3-26 necessary from time to time.
3-27 (c) A branch pilot is a state officer.
4-1 SECTION 10. Section 63.047, Transportation Code, is amended
4-2 to read as follows:
4-3 Sec. 63.047. REMOVAL OR REINSTATEMENT OF PILOT. (a) The
4-4 governor may:
4-5 (1) remove a branch pilot for misconduct or
4-6 incompetence; or
4-7 (2) reinstate a branch pilot who has been suspended by
4-8 the board.
4-9 (b) The removal of a branch pilot by the governor is subject
4-10 to Chapter 2001, Government Code.
4-11 SECTION 11. Sections 65.001(a) and (b), Transportation Code,
4-12 are amended to read as follows:
4-13 (a) The governor, with the advice and consent of the senate,
4-14 shall appoint at least two and not more than four competent pilots
4-15 for Matagorda and Lavaca bays, from Pass Cavallo to Indianola and
4-16 Lavaca.
4-17 (b) The term of office, method of qualification, powers, and
4-18 privileges of a pilot appointed under this section are the same as
4-19 those of a branch pilot, to the extent applicable. A pilot
4-20 appointed under this section is a state officer.
4-21 SECTION 12. Section 66.037, Transportation Code, is amended
4-22 by amending Subsection (a) and adding Subsection (c) to read as
4-23 follows:
4-24 (a) The governor, with the advice and consent of the senate,
4-25 shall appoint branch pilots for Harris County ports from the list
4-26 of qualified applicants submitted by the board. On filing of the
4-27 bond and oath required by Section 66.039, the board shall certify
5-1 to the governor that a person licensed as a branch pilot has
5-2 qualified.
5-3 (c) A branch pilot is a state officer.
5-4 SECTION 13. Section 66.043, Transportation Code, is amended
5-5 by adding Subsection (f) to read as follows:
5-6 (f) The suspension or revocation of a license under this
5-7 section or Section 66.044 is subject to judicial review under
5-8 Subchapter G, Chapter 2001, Government Code.
5-9 SECTION 14. Section 67.037, Transportation Code, is amended
5-10 by amending Subsection (c) and adding Subsection (d) to read as
5-11 follows:
5-12 (c) The governor, with the advice and consent of the senate,
5-13 shall appoint the number of branch pilots necessary to provide
5-14 adequate pilot services for each Galveston County port.
5-15 (d) A branch pilot is a state officer.
5-16 SECTION 15. Section 67.043, Transportation Code, is amended
5-17 by adding Subsection (e) to read as follows:
5-18 (e) The suspension or revocation of a license under this
5-19 section or Section 67.044 is subject to judicial review under
5-20 Subchapter G, Chapter 2001, Government Code.
5-21 SECTION 16. Section 68.037, Transportation Code, is amended
5-22 by amending Subsection (c) and adding Subsection (d) to read as
5-23 follows:
5-24 (c) The governor, with the advice and consent of the senate,
5-25 shall appoint the number of branch pilots necessary to provide
5-26 adequate pilot services for each Brazoria County port.
5-27 (d) A branch pilot is a state officer.
6-1 SECTION 17. Sections 68.044(c) and (d), Transportation Code,
6-2 are amended to read as follows:
6-3 (c) The governor, on receipt of a board order recommending
6-4 revocation of a license, shall revoke the license. If the board's
6-5 order is appealed, the governor may not revoke the license until
6-6 the order is upheld on appeal. Judicial review of the board order
6-7 recommending revocation of a license is governed by Chapter 2001,
6-8 Government Code.
6-9 (d) A suspension of a license on the recommendation of a
6-10 pilot review board takes effect on adoption of the board's order.
6-11 A board order suspending a license is subject to judicial review
6-12 under Subchapter G, Chapter 2001, Government Code. A revocation of
6-13 a branch pilot's license takes effect on issuance of the governor's
6-14 decision.
6-15 SECTION 18. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended,
6-20 and that this Act take effect and be in force from and after its
6-21 passage, and it is so enacted.