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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of pilots in certain |
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ports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.016(b), Transportation Code, is |
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amended to read as follows: |
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(b) The board may adopt rules to carry out this chapter, |
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including rules for conducting hearings and admitting evidence at |
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the hearings. |
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SECTION 2. Subchapter B, Chapter 66, Transportation Code, |
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is amended by adding Section 66.0215 to read as follows: |
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Sec. 66.0215. SUBPOENAS. (a) The board may issue a |
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subpoena to compel the attendance of a relevant witness or the |
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production, for inspection or copying, of relevant evidence that is |
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in this state. |
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(b) A subpoena may be served personally or by certified |
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mail. |
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(c) If a person fails to comply with a subpoena, the board |
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may file suit to enforce the subpoena in a district court in Harris |
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County. |
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(d) On finding that good cause exists for issuing the |
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subpoena, the court shall order the person to comply with the |
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subpoena. The court may punish a person who fails to obey the court |
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order. |
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(e) The board may delegate the authority granted under |
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Subsection (a) to the secretary of the board. |
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(f) The board shall pay a reasonable fee for photocopies |
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subpoenaed under this section in an amount not to exceed the amount |
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the board may charge for copies of its records. |
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(g) The reimbursement of the expenses of a witness whose |
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attendance is compelled under this section is governed by Section |
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2001.103, Government Code. |
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SECTION 3. Section 66.022, Transportation Code, is amended |
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to read as follows: |
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Sec. 66.022. JUDICIAL REVIEW. (a) Proceedings for |
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judicial review of a board decision shall be brought in a district |
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court in Harris County. |
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(b) Judicial review is by trial de novo. |
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SECTION 4. Section 66.062(c), Transportation Code, is |
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amended to read as follows: |
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(c) The board shall set a hearing date not later than the |
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45th day after the [within two weeks of] receipt of an application. |
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The board shall begin [hold] the hearing not earlier than the 20th |
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day and not later than the 60th [40th] day after the date the board |
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sets the hearing date. |
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SECTION 5. The heading to Section 66.063, Transportation |
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Code, is amended to read as follows: |
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Sec. 66.063. PILOT FINANCIAL REPORT; ADDITIONAL |
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INFORMATION. |
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SECTION 6. Section 66.063, Transportation Code, is amended |
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by amending Subsections (a) and (d) and adding Subsection (a-1) to |
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read as follows: |
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(a) Not later than a date established by the board [the 10th
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day before the date set for a pilotage rate hearing], the pilots who |
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are licensed or certified to serve the port for which the rates are |
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being considered shall submit in writing to the board and to any |
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party designated by the board complete accounts of: |
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(1) all amounts received from performing pilot |
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services, organized by categories or classifications of rates, if |
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rates are set in that manner; |
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(2) all earnings from capital assets devoted to |
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providing pilot services; |
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(3) all expenses incurred in connection with |
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activities for which amounts described by Subdivisions (1) and (2) |
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were received and earned; and |
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(4) estimates of receipts and expenses anticipated to |
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result from the requested changes in pilotage rates. |
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(a-1) The date established by the board under Subsection (a) |
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may not be later than the 10th day before the date set for a pilotage |
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rate hearing. |
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(d) The board may require from any person relevant |
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additional information it considers necessary to determine a proper |
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pilotage rate. |
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SECTION 7. Section 66.065, Transportation Code, is amended |
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to read as follows: |
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Sec. 66.065. RATE DECISION. (a) Not later than the 60th |
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[10th] day after the date of the completion of a hearing on an |
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application for a change in pilotage rates, the board shall |
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publicly issue a [written] decision that: |
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(1) grants or denies the application in whole or in |
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part; |
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(2) states the reasons for the decision; [and] |
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(3) states each new pilotage rate; and |
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(4) states the effective date for each new pilotage |
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rate. |
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(b) Before the effective date of a new pilotage rate, the |
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board may continue or reopen the hearing at which the rate was |
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decided to reconsider the decision. |
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SECTION 8. Section 66.067, Transportation Code, is amended |
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to read as follows: |
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Sec. 66.067. APPEAL OF BOARD DECISION. (a) Any party |
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aggrieved by a board decision on pilotage rates, after exhausting |
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all administrative remedies, may appeal the order to a court. |
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(b) Judicial review is by trial de novo. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |