By: Williams S.B. No. 1772
A BILL TO BE ENTITLED
AN ACT
relating to licensing and regulation of certain pilots, pilotage
rates, and pilot service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 69, Transportation Code is amended to
read as follows:
CHAPTER 69, JEFFERSON AND ORANGE COUNTY PILOTS LICENSING AND
REGULATORY ACT
SUBCHAPTER A. GENERAL PROVISIONS [PILOT RATES]
Sec. 69.001. SHORT TITLE. This chapter may be cited as the
Jefferson and Orange County Pilots Licensing and Regulatory Act.
[Pilotage Rate procedures. (a) A pilot board for a public port of
Beaumont, Orange, or Port Arthur or a privately owned dock or
terminal in Orange County or Jefferson County may not adopt a
pilotage rate applicable to any of these ports, docks, or terminals
except as provided by this section.
(b) An application for a new pilotage rate in Orange County
or Jefferson County must be filed with each commissioner of pilots
by:
(1) a pilot association;
(2) a consignee of a vessel who maintains an office in
the county in which the application is filed; or
(3) the Port of Port Arthur Navigation District,
Orange County Navigation and Port District, or Port of Beaumont
Navigation District of Jefferson County.
(c) The application must contain:
(1) a brief statement of the circumstances that
warrant the change; and
(2) a certificate that the applicant has submitted
copies of the application to all known pilot associations,
navigation districts, and associations of consignees operating in
the county at the time of the application.
(d) The board shall hold a hearing not later than the
40th day after the date notice of the application is sent if, not
later than the 20th day after the date notice of the application is
sent, a commissioner receives a written objection to the
application from any person who appears to have a legitimate
interest in the application.
(e) The board shall give notice of the hearing to:
(1) each applicant;
(2) each person who objects to the application; and
(3) any other party the board determines to be
interested in the proceedings.
(f) The hearing shall be open to the public and held at a
convenient public place in one of the ports that would be affected
by the rate change. Each party who demonstrates a legitimate
interest in the application is entitled to be heard, to present
evidence, and, to the extent the board considers practical, to
cross-examine testifying witnesses.
(g) The board shall grant, deny, or modify the application
after receiving the evidence offered by the parties and the
arguments and briefs the board desires to receive. The board order
shall state its effective date. The board shall file a copy of its
order in the offices of the appropriate county clerks before the
21st day after the close of the hearing.
(h) If an objection to an application is not received by any
commissioner within the period for objections to the application
provided by Subsection (d), the board shall act on the application
without further proceedings and file a copy of its order with the
appropriate county clerks before the 41st day after the date notice
of the application is sent.
(I) In acting on an application, the board shall consider:
(1) the effect that granting, denying, or modifying
the application would have on:
(A) residents within the board's jurisdiction;
and
(B) the ports within the board's jurisdiction;
(2) the assurance of an adequate and reasonable
compensation to the pilots and a fair return on the equipment and
vessels that the pilots employ in connection with pilot duties; and
(3) the relationship between the pilotage rates in the
ports under the board's jurisdiction and the rates applied in other
ports of this state and competitive ports in other states.
(j) The board may assess the actual costs the board
considers fair and just of reporting and stenographic services
necessarily incurred in connection with a hearing against any
applicant or objecting party. The board may require that an
applicant or objecting party deposit an amount against those costs
as a condition of presenting an application or objection.
(k) The board may not increase pilotage rates for the public
ports of Beaumont, Port Arthur, or Orange unless the affected board
of commissioners of the Port of Beaumont Navigation District of
Jefferson County, Port of Port Arthur Navigation District, or
Orange County Navigation and Port District approves the increase.
(l) Pilotage rates for the public ports of Orange, Beaumont,
or Port Arthur or for a privately owned dock or terminal in Orange
County or Jefferson County set under this section are not subject to
the limit provided by Section 64.002.
(m) In this section, "consignee" has the meaning provided by
Section 64.001.]
Sec. 69.002. Definitions. In this chapter:
(1) "Board" means the board of pilot commissioners for
Jefferson and Orange County ports.
(2) "Consignee" means a person, including a master,
owner, agent, subagent, firm, or corporation or any combination of
those persons, who enters or clears a vessel at the office of the
collector of customs.
(3) "Port" means a place in Jefferson or Orange County
into which a vessel enters or from which a vessel departs and the
waterway leading to that place from the Gulf of Mexico.
(4) "Pilot" means a person who is licensed as a branch
pilot or certified as a deputy branch pilot under this chapter.
(5) "Pilotage rate" means the remuneration a pilot may
lawfully charge a vessel for pilot services.
(6) "Pilot services" means acts of a pilot in
conducting a vessel through the navigable waters in this state and
the ports in which the pilot is licensed or certified as a pilot.
(7) "Vessel" means an oceangoing vessel.
Sec. 69.003. Applicability of Chapter. This chapter
applies only to a Jefferson and Orange County port.
SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS
Sec. 69.011. Board. Each of the five members of the board
shall reside in either Jefferson or Orange County and be appointed
by the Governor, in accordance with Chapter 63, Transportation
Code. The chairman of the board shall be selected by the members of
the board and the terms of the members shall be staggered.
Sec. 69.012. Prohibited Interest. A person may not be a
member of the board if the person has a direct or indirect pecuniary
interest in a pilot boat or branch pilot in the business of the
board's trust.
Sec. 69.013. Oath. Before beginning service as a board
member, each board member must take and sign, before a person
authorized to administer oaths, an oath to faithfully and
impartially discharge the duties of the office.
Sec. 69.014. Term of Office. Each member of the board
serves a term of two years.
Sec. 69.015. Jurisdiction. The board has exclusive
jurisdiction over the piloting of vessels and the pilot services
provided in Jefferson and Orange County ports, including
intermediate stops and landing places for vessels on navigable
streams wholly or partially located in the board's jurisdiction.
Sec. 69.016. Administration; Rules. (a) The board shall
administer this chapter and may perform any act or function
necessary to carry out its powers and duties under this chapter.
(b) The board may adopt rules to carry out this chapter.
Sec. 69.017. Duties. (a) The board shall:
(1) establish the number of pilots necessary to
provide adequate pilot services for each Jefferson and Orange
County port;
(2) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(3) submit to the governor lists of applicants the
board finds to be qualified for appointment as pilots;
(4) establish pilotage rates;
(5) approve the locations for pilot stations;
(6) establish times during which pilot services will
be available;
(7) hear and determine complaints relating to the
conduct of pilots;
(8) recommend to the governor each pilot whose license
or certificate should not be renewed or should be revoked;
(9) adopt rules and issue orders to pilots or vessels
when necessary to secure efficient pilot services;
(10) institute investigations or hearings or both to
consider casualties, accidents, or other actions that violate this
chapter; and
(11) provide penalties to be imposed on a person who is
not a pilot for a Jefferson and Orange County port who pilots a
vessel into or out of the port if a pilot offered those services to
the vessel.
(b) The board may
(1) recommend the number of deputy pilots necessary to
fulfill the number of pilots established in 69.017(a)(1);
(2) make any other provision for proper, safe, and
efficient pilotage under this Act and for the efficient
administration of this chapter; and
(3) The board may assess the actual costs the board
considers fair and just incurred
(A) in connection with a hearing against any
applicant or objecting party and
(B) other expenses that are necessary and proper
to enable the board to effectively carry out the purposes and
requirements of this chapter against the users of pilot services
provided that the rate charged against the users shall not generate
a total of more than $100,000.00 per fiscal year. Such purposes and
requirements include processing of applications for pilot licenses
and certificates, establishing pilotage, determining and approving
the locations for pilot stations, establishing times during which
pilot services will be available, hearing and determine complaints
relating to the conduct of pilots, adopting rules and issue orders
to pilots or vessels when necessary to secure efficient pilot
services, instituting investigations or hearings or both to
consider casualties, accidents, or other actions that violate this
chapter, making of any provision for proper, safe, and efficient
pilotage, and funding general administrative expenses associated
with the operation of the board. No funds derived under this act
may be used for compensation to any member of the board.
Sec. 69.018. Unfair Discrimination Prohibited. (a) In all
its duties, including rulemaking, the board may not approve of
discriminatory practices or discriminate against a pilot or pilot
applicant because of race, religion, sex, ethnic origin, or
national origin.
(b) A person seeking a remedy for a violation of this
section must bring suit in a district court in Jefferson County.
Sec. 69.019. Open Meetings Law. Chapter 551, Government
Code, applies to actions and proceedings under this chapter.
Sec. 69.020. Rule or Rate Change. (a) The board shall give
at least 10 days' notice as provided by this section before the
board adopts a rule or changes a pilotage rate.
(b) The board shall post the notice and a copy of the
proposed rule or change at the county court houses for Jefferson and
Orange Counties, publish in a newspaper of general circulation in
Jefferson and Orange Counties, and give notice of the proposed rule
or change, by certified mail to the last known address, to:
all pilots licensed or certified in the port;
all known pilots' associations;
all steamship agencies and associations in the port; and
all known users of pilot services for the previous twelve months.
Sec. 69.021. Contested Case Notice. The board will give
notice in each contested case in accordance with Section 69.020(b)
that includes the same information as the notice given to the
parties in each contested case.
Sec. 69.022. Judicial Review. Proceedings for judicial
review of a board decision shall be brought in a district court in
Jefferson County.
Sec. 69.023. Budget; Annual Report; Audits. The board
shall adopt a proposed fiscal year budget forty-five days prior to
the start of the fiscal year and may expend funds only after a
public meeting has been held to explain the proposed budget and
after the board has approved the budget.
(b) Accounts of the board are subject to audit by the state
auditor.
(c) The board will keep minutes of its meetings and other
books and records that clearly reflect all acts and transactions of
the board. The board will open its records to examination by any
participating producer during regular business hours.
(d) Within 30 days following the end of each fiscal year of
the board, the board shall submit to the governor a report itemizing
all income and expenditures and describing all activities of the
board during the previous fiscal year.
Sec. 69.024. Depository Bank; Expenditure of Funds. The
board shall deposit all money received by the board under this
chapter, including assessments, and grants from governmental
agencies, in a bank located in Jefferson or Orange County and
selected by the board.
SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES
Sec. 69.031. License or Certificate Required. A person may
not provide pilot services unless the person has a license or
certificate issued under this chapter for the Jefferson and Orange
County ports in which the pilot services are to be provided.
Sec. 69.032. Exemptions. The requirement to use a pilot
does not apply to:
(1) a vessel sailing under enrollment, or licensed or
engaged in the coasting trade between Texas ports or between any
Texas port and any other port of the United States; or
(2) a vessel exempt under federal law from payment of
state pilotage rates.
Sec. 69.033. Qualifications for License. To be eligible
for a license as a branch pilot, a person must:
(1) be at least 25 years of age and less than 68 years
of age unless exempted under the provisions of section 69.040(a) of
this chapter;
(2) be a United States citizen;
(3) as of the date the license is issued, have resided
continuously in this state for at least two years;
(4) be licensed under federal law to act as a pilot on
vessels that navigate water on which the applicant will furnish
pilot services and have completed the training program approved by
the board;
(5) have at least one year's service as a deputy branch
pilot or equivalent service piloting vessels of at least 5,000
gross tons within the board's jurisdiction;
(6) have commanded or controlled the navigation of
vessels such as the person would pilot;
(7) have extensive experience in the docking and
undocking of vessels;
(8) be in good mental and physical health;
(9) have good moral character; and
(10) possess the requisite skill as a navigator and
pilot to perform competently and safely the duties of a branch
pilot.
Sec. 69.034. Qualifications for Certificate. To be
eligible for a certificate as a deputy branch pilot, a person must:
(1) be at least 25 years of age;
(2) be a United States citizen;
(3) hold a license under federal law to act as a pilot
on vessels that navigate water on which the applicant will furnish
pilot services and have successfully completed the apprenticeship
training program as approved by the board;
(4) be in good mental and physical health;
(5) have good moral character; and
(6) possess the requisite skill to perform competently
and safely the duties of a deputy branch pilot.
Sec. 69.035. Application for License or Certificate. To
apply for a branch pilot's license or a deputy branch pilot's
certificate, a person must give to the board a written application
in the form and manner required by board rule.
Sec. 69.036. Consideration of Application. (a) The board
shall carefully consider each application and shall conduct any
investigation it considers necessary to determine whether an
applicant is qualified for a license or certificate.
(b) As part of its consideration of applications for
licenses and certificates, the board may develop and administer
examinations to determine an applicant's knowledge of piloting,
management of vessels, and the water in the board's jurisdiction.
Sec. 69.037. Branch Pilot Appointment by Governor. (a) On
filing of the bond and oath required by Section 69.039, the board
shall certify to the governor that a person licensed as a branch
pilot has qualified.
(b) On receipt of the board's certification, the governor
shall issue to the person, in the name of the state and under the
state seal, a commission to serve as a branch pilot to and from
Jefferson and Orange County ports.
Sec. 69.038. Deputy Branch Pilot Appointment. Each branch
pilot
(1) may appoint, subject to examination and approval
by the board, two deputy branch pilots for whose acts the branch
pilot is responsible;
(2) may appoint an additional deputy branch pilot if
the board considers the appointment advisable;
(3) who appoints a deputy branch pilot without the
approval of the board forfeits the pilot's appointment as a branch
pilot; and
(4) is responsible for the actions of the deputy
branch pilot appointed by that pilot.
Sec. 69.039. Oath; Bond. (a) A person appointed as a pilot
must take the official oath before entering service as a pilot. The
oath shall be endorsed on the bond required by Subsection (b).
(b) Each pilot must execute a $25.000 bond payable to the
governor and conditioned on compliance with the laws, rules, and
orders relating to pilots and on the faithful performance of the
pilot's duties.
(c) Each bond must be approved by the board.
Sec. 69.040. Terms of Licenses and Certificates. (a) A
branch pilot's license expires on the fourth anniversary of the
date it is issued or renewed; provided that no pilot may furnish
pilot services under authority of a license after the pilot's 68th
birthday unless such a pilot who's license or certificate unless
such an individual is a pilot under this chapter on the effective
date of this chapter or who becomes a pilot within one year after
the effective date of this chapter.
(b) A deputy branch pilot's certificate expires on the
second anniversary of the date it is issued and may not be renewed.
Sec. 69.041. Branch Pilot's License Renewal. (a) The
governor shall renew a branch pilot's expiring license if the board
recommends renewal.
(b) If a pilot applies in writing and qualifies, the board
shall recommend renewal unless the board determines there is
probable cause not to renew the license.
(c) Probable cause not to renew a license exists if the
board finds that the license holder:
(1) does not possess a qualification required by this
chapter for pilots; or
(2) has a disability that will affect the license
holder's ability to serve as a pilot.
(d) If the board determines that it has probable cause not
to renew a license, the board shall notify the license holder of
that determination not later than the 60th day before the date the
license expires. On request, the board shall provide a hearing
after proper notice to consider whether the board has cause not to
recommend renewal of the license.
(e) If the board finds at the conclusion of the hearing that
the board lacks probable cause for nonrenewal of the license, the
board shall recommend that the governor renew the license.
(f) The board shall issue a written order recommending that
the governor not renew a license and the governor may not renew the
license if:
(1) the pilot does not contest the board's decision not
to renew the license; or
(2) the board after a hearing finds that it has
probable cause not to renew the license.
(g) The denial of renewal of a pilot's license does not
prohibit the pilot from applying for a new license and being
reappointed.
Sec. 69.042. Deputy Branch Pilot. A person who has been
issued a deputy branch pilot's certificate may not be issued a
deputy branch pilot's certificate before the fifth anniversary of
the date the person was previously issued a deputy branch pilot's
certificate.
Sec. 69.043. Suspension or Revocation of Branch Pilot's
License. (a) On complaint or on its own motion, and after notice
and hearing, the board may suspend a branch pilot's license for not
more than six months or recommend that the governor revoke a branch
pilot's license if the board finds that the pilot has:
(1) failed to demonstrate and maintain the
qualifications for a license required by this chapter;
(2) used narcotics or other types of drugs, chemicals,
or controlled substances as defined by law that impair the pilot's
ability to perform the pilot's duties skillfully and efficiently;
(3) used alcohol to an extent that impairs the pilot's
ability to perform the pilot's duties skillfully and efficiently;
(4) violated a provision of this chapter or rules
adopted by the board under this chapter;
(5) made a material misstatement in the application
for a license;
(6) obtained or attempted to obtain a license under
this chapter by fraud or misrepresentation;
(7) intentionally failed to comply with an order of
the board;
(8) charged a pilotage rate other than that approved
by the board;
(9) intentionally refused to pilot or neglected to
board promptly a vessel when requested to do so by the master or
person responsible for navigation of the vessel except when, in the
judgment of the pilot, movement of the vessel constitutes a hazard
to life or property or when pilotage charges that are due and owing
are unpaid by the person ordering the pilot services;
(10) intentionally caused damage to a vessel;
(11) been absent from duty in violation of board rules
and without authorization;
(12) aided or abetted another pilot in failing to
perform the other pilot's duties; or
(13) been guilty of carelessness, neglect of duty,
intentional unavailability for performance of duties, refusal to
perform duties, misconduct, or incompetence while on duty.
(b) If the federal pilot's license of a pilot licensed under
this chapter is suspended or revoked, the board, on a finding that
it has good cause, shall suspend the license for the same period or
revoke the license under this chapter.
(c) On determining that a license should be suspended or
revoked, the board shall adopt a written order that states its
findings and:
(1) suspends the license for a stated period; or
(2) recommends to the governor revocation of the
license.
(d) The governor, on receipt of a board order recommending
revocation of a license, shall revoke the license.
(e) A suspension of a license takes effect on adoption of
the board's order. A revocation of a branch pilot's license takes
effect on issuance of the governor's decision.
Sec. 69.044. Suspension or Revocation of Deputy Branch
Pilot's Certificate. A deputy branch pilot's certificate may be
suspended or revoked by the board in the same manner and for the
same reasons as provided for the revocation or suspension of a
branch pilot's license by Section 69.043.
Sec. 69.045. Liability to Pilot. (a) A person who is not a
pilot and who, in violation of this chapter, pilots a vessel and the
consignee of the vessel are liable to a pilot, on written demand,
for the amount of the applicable pilotage rate.
(b) In an action to recover compensation under subsection
(a), the court may include in a judgment in favor of a pilot an award
of court costs and reasonable attorney's fees.
SUBCHAPTER D. PILOTAGE RATES
Sec. 69.061. Pilotage Rate Change. The board may not change
pilotage rates before the first anniversary of the preceding rate
change.
Sec. 69.062. Pilotage Rate Change Application. (a) An
application for a change in pilotage rates may be submitted to the
board by:
(1) a pilot;
(2) an association of pilots;
(3) a consignee liable under Section 69.070 to pay
pilotage rates; or
(4) an association of consignees;
(5) a party financially responsible for the payment of
pilot services.
(b) The application must be written and must state
specifically the changes requested.
(c) The board shall set a hearing date within two weeks of
receipt of an application. The board shall hold the hearing not
earlier than the 20th day and not later than the 40th day after the
date the board sets the hearing date.
(d) An applicant shall give notice of the application and
the hearing date, by certified mail to the last known address, to:
(1) all pilots licensed or certified in the port;
(2) all known pilots' associations or consignees
(3) all steamship agencies and associations in the
port;
(4) each Jefferson and Orange County port; and
(5) all known users of pilot service within the past
twelve months.
(e) The board may not increase pilotage rates for the public
ports of Beaumont, Port Arthur, or Orange unless the affected board
of commissioners approves the increase.
Sec. 69.063. Pilot Financial Report. (a) Not later than
the 10th day before the date set for a pilotage rate hearing, the
pilots who are licensed or certified to serve the port for which the
rates are being considered shall submit in writing to the board and
to any party designated by the board complete accounts of:
(1) all mounts received from performing pilot
services, organized by categories or classifications of rates, if
rates are set in that manner;
(2) all earnings from capital assets devoted to
providing pilot services;
(3) all expenses incurred in connection with
activities for pilotage services within the board's jurisdiction
which amounts described by Subdivision (1) and (2) were received
and earned; and
(4) estimates of receipts and expenses anticipated to
result from the requested changes in pilotage rates.
(b) The pilots shall provide the information for:
(1) the calendar or fiscal year preceding the date of
the pilotage rate change application; and
(2) the subsequent period to within 60 days of the date
of the application.
(c) The board may require an independent audit of financial
information submitted under Subsection (a) by an accountant
selected by the board. The board, as it considers fair and just,
shall assess the costs of the audit against one or more of the
applicants and objecting parties.
(d) The board may require relevant additional information
it considers necessary to determine a proper pilotage rate.
Sec. 69.064. Factors for Board consideration. In
establishing pilotage rates, the board shall consider factors
relevant to determining reasonable and just pilotage rates,
including:
(1) characteristics of vessels to be piloted;
(2) the average number of hours spent by a pilot
performing:
(A) pilot services on board vessels; and
(B) all pilot services;
(3) costs to pilots to provide the required pilot
services;
(4) the public interest in maintaining safe,
efficient, and reliable pilot services;
(5) the average wages of masters of United States flag
vessels that navigate in the United States territorial and inland
waters;
(6) economic factors affecting the shipping industry
in the area in which the port is located; and
(7) an adequate and reasonable compensation for the
pilots and a fair return on the equipment and vessels that the
pilots employ in connection with their duties.
(8) the relationship between the pilotage rates in the
ports under the board's jurisdiction and the rates applied in other
ports of this state and competitive ports in other states within the
Gulf of Mexico.
Sec. 69.065. Rate Decision. Not later than the 10th day
after the date of the completion of a hearing on an application for
a change in pilotage rates, the board shall issue a written decision
that:
(1) grants or denies the application in whole or in
part;
(2) states the reasons for the decision; and
(3) states each new pilotage rate.
Sec. 69.069. Costs. The board, in a final order under this
subchapter, may charge all or part of the costs of processing an
application to the parties in the proceedings.
Sec. 69.067. Appeal of Board Decision. Any party aggrieved
by a board decision on pilotage rates, after exhausting all
administrative remedies, may appeal the order to a court.
Sec. 69.068. Emergency Pilotage Rates. (a) The board may
establish emergency pilotage rates for the period of an emergency,
not to exceed 30 days, if the board finds that:
(1) a natural or man-made disaster has created a
substantial hazard to piloting vessels into and out of a port; and
(2) the existence of the hazard overrides the
necessity to comply with normal pilotage rate-setting procedures.
(b) In adopting emergency pilotage rates, the board is not
required to comply with the procedures in this chapter or in its
rules relating to adoption of pilotage rates.
(c) Emergency pilotage rates may not be appealed.
(d) The board shall adopt rules to carry out this section.
Sec. 69.069. Pilot Services Required. The consignee of a
vessel under the consignee's control shall obtain pilot services
for the vessel and shall pay the pilot who pilots the vessel into
and out of the port area compensation according to the pilotage
rates filed by the board.
Sec. 69.070. Pilotage Rate Liability. (a) A consignee who
declines the services of a pilot offered outside the bar and enters
the port without the aid of a pilot is liable for the payment of
pilotage to the first pilot whose services were declined.
(b) A consignee is liable for the payment of pilotage to the
pilot who brings a vessel in if the vessel goes out without
employing a pilot.
(c) A consignee is liable for the payment of pilotage for a
vessel that goes out without the aid of a pilot and that came in
without the aid of a pilot to the pilot who first offered services
before the vessel came in.
(d) A consignee is not liable for the payment of pilotage
for a vessel going out without a pilot if the vessel came in without
the aid of a pilot or came in without the offer of a pilot outside.
(e) Subsections (a)-(d) do not apply to a consignee exempt
under this chapter from payment of pilotage rates.
(f) A pilot who charges a rate for pilot services different
from the pilotage rates established under this chapter for the port
in which the pilot serves is liable to each person who was charged
the different rate for double the amount of pilotage.
(g) A court may include in a judgment in favor of a person
who files suit to collect an amount owed under this chapter an award
to cover court costs and reasonable attorney's fees.
Sec. 69.071. Recovery of Compensation. A pilot who offers
pilot services to a vessel required under this chapter to obtain
pilot services and whose services are refused is entitled to
recover from the consignee the pilotage rate for the services.
SUBCHAPTER E. PILOT LIABILITY
Sec. 69.081. Purpose. The purpose of this subchapter is to:
(1) in the public interest, stimulate and preserve
maritime commerce on the pilotage grounds of this state by limiting
and regulating the liability of pilots; and
(2) maintain pilotage fees at reasonable amounts.
Sec. 69.082. Pilot Liability. A pilot is not liable
directly or as a member of an organization of pilots for any claim
that:
(1) arises from an act or omission of another pilot or
organization of pilots; and
(2) relates directly or indirectly to pilot services.
Sec. 69.083. Pilot Liability Limited. (a) A pilot
providing pilot services is not liable for more than $1,000 for
damage or loss caused by the pilot's error, omission, fault, or
neglect in the performance of the pilot services, except as
provided by Subsection (b).
(b) Subsection (a) does not apply to:
(1) damage or loss that arises because of the wilful
misconduct or gross negligence of the pilot;
(2) liability for exemplary damages for gross
negligence of the pilot and for which no other person is jointly or
severally liable; or
(3) an act or omission relating to the ownership and
operation of a pilot boat unless the pilot boat is directly involved
in pilot services other than the transportation of pilots.
(c) This section does not exempt a vessel or its owner or
operator from liability for damage or loss caused by the vessel to a
person or property on the grounds that:
(1) the vessel was piloted by a pilot; or
(2) the damage or loss was caused by the error,
omission, fault, or neglect of a pilot.
(d) In an action brought against a pilot for an act or
omission for which liability is limited as provided by this section
and in which other claims are made or anticipated with respect to
the same act or omission, the court shall dismiss the proceedings as
to the pilot to the extent the pleadings allege pilot liability that
exceeds $1,000.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.