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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a pilot performing pilot services on |
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Matagorda and Lavaca Bays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 65, Transportation Code, is amended by |
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designating Sections 65.001 through 65.003 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 2. Chapter 65, Transportation Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. PILOT LIABILITY |
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Sec. 65.051. DEFINITIONS. In this subchapter: |
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(1) "Pilot" means a person who is appointed as a pilot |
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under this chapter. |
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(2) "Pilot services" means acts of a pilot in |
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conducting a vessel through the navigable water in this state and |
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the ports in which the pilot is appointed as a pilot. |
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Sec. 65.052. PURPOSE. The purpose of this subchapter is to: |
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(1) in the public interest, stimulate and preserve |
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maritime commerce on the pilotage grounds of this state by limiting |
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and regulating the liability of pilots; and |
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(2) maintain pilotage fees at reasonable amounts. |
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Sec. 65.053. PILOT LIABILITY. A pilot is not liable |
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directly or as a member of an organization of pilots for any claim |
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that: |
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(1) arises from an act or omission of another pilot or |
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organization of pilots; and |
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(2) relates directly or indirectly to pilot services. |
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Sec. 65.054. PILOT LIABILITY LIMITED. (a) A pilot |
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providing pilot services is not liable for more than $1,000 for |
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damage or loss caused by the pilot's error, omission, fault, or |
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neglect in the performance of the pilot services, except as |
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provided by Subsection (b). |
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(b) Subsection (a) does not apply to: |
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(1) damage or loss that arises because of wilful |
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misconduct or gross negligence of the pilot; |
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(2) liability for exemplary damages for gross |
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negligence of the pilot and for which no other person is jointly or |
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severally liable; or |
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(3) an act or omission relating to the ownership and |
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operation of a pilot boat unless the pilot boat is directly involved |
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in pilot services other than the transportation of pilots. |
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(c) This section does not exempt a vessel or its owner or |
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operator from liability for damage or loss caused by the vessel to a |
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person or property on the grounds that: |
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(1) the vessel was piloted by a pilot; or |
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(2) the damage or loss was caused by the error, |
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omission, fault, or neglect of a pilot. |
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(d) In an action brought against a pilot for an act or |
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omission for which liability is limited as provided by this section |
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and in which other claims are made or anticipated with respect to |
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the same act or omission, the court shall dismiss the proceedings as |
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to the pilot to the extent the pleadings allege pilot liability that |
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exceeds $1,000. |
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SECTION 3. (a) Section 65.053, Transportation Code, as |
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added by this Act, applies only to an act or omission that occurs on |
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or after the effective date of this Act. An act or omission that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the act or omission occurred, and the former |
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law is continued in effect for that purpose. |
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(b) Section 65.054, Transportation Code, as added by this |
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Act, applies only to an action commenced on or after the effective |
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date of this Act. An action commenced before the effective date of |
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this Act is governed by the law applicable to the action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |