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.