Texas Law - Transportation Code - Subtitle B. Pilots

SUBTITLE B. PILOTS ⁽¹⁶⁰⁴⁾(1-click HTML)

CHAPTER 61. COMPULSORY PILOTAGE ⁽¹⁶⁰⁵⁾(1-click HTML)

Sec. 61.001. SHORT TITLE. ⁽¹⁶⁰⁶⁾(1-click HTML)

This chapter may be cited as the Texas Compulsory Pilotage Act. ⁽¹⁶⁰⁷⁾

Sec. 61.002. DEFINITIONS. ⁽¹⁶⁰⁹⁾(1-click HTML)

(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. ⁽¹⁶¹²⁾

(3) "Pilot" means a licensed state pilot or certified deputy pilot. ⁽¹⁶¹³⁾

(4) "Pilot services" means acts of a pilot in piloting through navigable water in this state and ports in which the pilot is licensed or certified as a pilot. ⁽¹⁶¹⁴⁾

(5) "Pilotage rate" means the remuneration a pilot may charge a vessel for the pilot's services. ⁽¹⁶¹⁵⁾

(6) "Port" means a place in this state into which a vessel enters or from which a vessel departs. If the port connects to the Gulf of Mexico, "port" includes the waterway leading from the port to the Gulf of Mexico. ⁽¹⁶¹⁶⁾

Sec. 61.003. DUTY TO ENGAGE PILOT. ⁽¹⁶¹⁹⁾(1-click HTML)

(a) A consignee having control of a vessel shall obtain a pilot to provide pilot services when the vessel is under way or otherwise moving on a river, bay, harbor, or port in this state unless the vessel is: ⁽¹⁶²⁰⁾

(1) documented as a United States vessel and licensed for and engaged in coastwise trade; ⁽¹⁶²¹⁾

(b) A consignee having control of a vessel that is in distress or jeopardy shall take on a pilot as soon as the pilot arrives at the vessel. ⁽¹⁶²⁶⁾

Sec. 61.004. PAYMENT FOR PILOT. ⁽¹⁶²⁸⁾(1-click HTML)

A consignee shall pay a pilot at the applicable pilotage rates. ⁽¹⁶²⁹⁾

Sec. 61.005. PILOT OPTIONAL. ⁽¹⁶³¹⁾(1-click HTML)

This chapter does not prohibit a consignee not required by Section 61.003 to engage a pilot from applying for, receiving, and paying for pilot services. ⁽¹⁶³²⁾

Sec. 61.006. BOARD JURISDICTION. ⁽¹⁶³⁴⁾(1-click HTML)

A board has exclusive jurisdiction over piloting of vessels in this state between the Gulf of Mexico and the ports in the board's jurisdiction. ⁽¹⁶³⁵⁾

Sec. 61.007. ATTORNEY GENERAL. ⁽¹⁶³⁷⁾(1-click HTML)

The attorney general shall assist a board in the enforcement of this chapter. ⁽¹⁶³⁸⁾

Sec. 61.008. LIABILITY TO PILOT. ⁽¹⁶⁴⁰⁾(1-click HTML)

(a) A person who pilots a vessel in violation of this chapter is liable for an amount equal to the applicable pilotage rate to the pilot who first demands the amount in writing. ⁽¹⁶⁴¹⁾

(b) A pilot may bring an action to enforce this section in district court in the county in which the violation occurred. ⁽¹⁶⁴²⁾

(c) In an action under Subsection (b), the court shall add to the amount of any judgment in favor of a pilot court costs and reasonable attorney's fees incurred by the pilot in obtaining the judgment. ⁽¹⁶⁴³⁾

Sec. 61.009. LIABILITY TO BOARD. ⁽¹⁶⁴⁵⁾(1-click HTML)

(a) A vessel or the owner of a vessel that is piloted in violation of this chapter is liable to a board for $5,000 for each violation. ⁽¹⁶⁴⁶⁾

(b) The board may bring an action to enforce this section in district court in the county in which the violation occurred. ⁽¹⁶⁴⁷⁾

(c) In an action under Subsection (b), the court shall add to the amount of any judgment in favor of the board court costs and reasonable attorney's fees incurred by the board in obtaining the judgment. ⁽¹⁶⁴⁸⁾

Sec. 61.010. COOPERATION. ⁽¹⁶⁵⁰⁾(1-click HTML)

A pilot providing pilot services shall, to the extent possible, cooperate with the master of the vessel. ⁽¹⁶⁵¹⁾

Sec. 61.011. CERTAIN UNITED STATES LICENSE REQUIRED; OFFENSE. ⁽¹⁶⁵³⁾(1-click HTML)

(a) A person may not act as a state-commissioned pilot of a vessel in any water in this state unless the person is licensed under Title 46, United States Code. ⁽¹⁶⁵⁴⁾

(b) A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor. ⁽¹⁶⁵⁵⁾

CHAPTER 62. NAVIGATION DISTRICT PILOT BOARDS ⁽¹⁶⁵⁷⁾(1-click HTML)

Sec. 62.001. DEFINITION. ⁽¹⁶⁵⁸⁾(1-click HTML)

In this chapter, "navigation district" means a navigation district included in: ⁽¹⁶⁵⁹⁾

SUBCHAPTER B. PILOT BOARDS OF NAVIGATION DISTRICTS ⁽¹⁶⁶⁴⁾(1-click HTML)

Sec. 62.021. PILOT BOARD; COMMISSIONERS OF PILOTS. ⁽¹⁶⁶⁵⁾(1-click HTML)

(a) The pilot board of a navigation district is composed of the district's navigation and canal commissioners. ⁽¹⁶⁶⁶⁾

Sec. 62.022. TERM OF OFFICE. ⁽¹⁶⁶⁹⁾(1-click HTML)

The term of office of a commissioner of pilots coincides with the person's term as a navigation and canal commissioner. ⁽¹⁶⁷⁰⁾

Sec. 62.023. DISQUALIFICATION. ⁽¹⁶⁷²⁾(1-click HTML)

A person who is engaged directly or indirectly in a towing, pilot boat, or other business affected by or connected with the performance of the duties of a commissioner of pilots may not be a commissioner of pilots. ⁽¹⁶⁷³⁾

Sec. 62.024. JURISDICTION. ⁽¹⁶⁷⁵⁾(1-click HTML)

The pilot board of a navigation district has exclusive jurisdiction over the pilotage of a vessel between the Gulf of Mexico and a port of the navigation district, including an intermediate stop or landing place on a navigable stream in the district. ⁽¹⁶⁷⁶⁾

Sec. 62.025. POWERS OF PILOT BOARDS. ⁽¹⁶⁷⁸⁾(1-click HTML)

(1) appoint, suspend, or dismiss a branch or deputy pilot of a port in the district; ⁽¹⁶⁸⁰⁾

(2) establish pilotage rates for service in the board's jurisdiction; or ⁽¹⁶⁸¹⁾

(3) adopt and enforce rules consistent with this chapter about the appointment, qualification, or regulation of branch or deputy pilots that are needed to govern those pilots and for the proper operation of the district's ports. ⁽¹⁶⁸²⁾

SUBCHAPTER C. REGULATION OF BRANCH AND DEPUTY PILOTS ⁽¹⁶⁸⁴⁾(1-click HTML)

Sec. 62.041. BRANCH OR DEPUTY PILOT QUALIFICATIONS. ⁽¹⁶⁸⁵⁾(1-click HTML)

(a) The pilot board of a navigation district shall examine and determine the qualifications of each applicant for the position of branch or deputy pilot before appointing a branch or deputy pilot. ⁽¹⁶⁸⁶⁾

(b) The pilot board shall specify a period that an applicant must reside in this state immediately before the person's appointment. The period may not exceed two years. ⁽¹⁶⁸⁷⁾

Sec. 62.042. OATH; BOND. ⁽¹⁶⁸⁹⁾(1-click HTML)

(a) A branch pilot appointed under this chapter or the rules of the pilot board of a navigation district must take the official oath. The oath must be endorsed on the bond required by Subsection (b). ⁽¹⁶⁹⁰⁾

(b) The branch pilot must enter into a bond in the amount of $5,000 with one or more good and sufficient sureties. The bond must be: ⁽¹⁶⁹¹⁾

(2) conditioned on the faithful performance of the branch pilot's duties; ⁽¹⁶⁹³⁾

Sec. 62.043. ISSUANCE OF BRANCH PILOT LICENSE. ⁽¹⁶⁹⁷⁾(1-click HTML)

(a) On the filing of the bond and the taking of the oath required by Section 62.042, a commissioner of pilots shall certify to the governor that the branch pilot has qualified. ⁽¹⁶⁹⁸⁾

(b) On receiving the certificate, the governor shall issue to the branch pilot, in the name of the state and under the state seal, a commission to serve as a branch pilot in the jurisdiction of the pilot board of a navigation district. ⁽¹⁶⁹⁹⁾

Sec. 62.044. TERM OF BRANCH PILOT LICENSE. ⁽¹⁷⁰¹⁾(1-click HTML)

(b) If the pilot board of a navigation district dismisses a branch pilot from service, the branch pilot's commission expires. ⁽¹⁷⁰³⁾

Sec. 62.045. APPOINTMENT OF DEPUTY PILOTS. ⁽¹⁷⁰⁵⁾(1-click HTML)

(a) A branch pilot may appoint two deputy pilots, subject to the examination by and approval of the pilot board of a navigation district. ⁽¹⁷⁰⁶⁾

(b) The branch pilot may appoint an additional deputy pilot if the pilot board considers the appointment advisable. ⁽¹⁷⁰⁷⁾

(d) The branch pilot's own appointment under this chapter is forfeited if the branch pilot appoints a deputy pilot without the pilot board's approval. ⁽¹⁷⁰⁹⁾

Sec. 62.046. SUSPENSION OR DISMISSAL OF PILOTS. ⁽¹⁷¹¹⁾(1-click HTML)

The pilot board of a navigation district may suspend or dismiss a branch or deputy pilot only for misconduct, inefficiency, or intoxication on duty and after a hearing on the accusation is held before the pilot board at which there is opportunity for testimony and defense. ⁽¹⁷¹²⁾

SUBCHAPTER D. PILOTAGE CHARGES AND LIABILITY ⁽¹⁷¹⁴⁾(1-click HTML)

Sec. 62.061. DEFINITION. ⁽¹⁷¹⁵⁾(1-click HTML)

In this subchapter, "pilot" means a branch or deputy pilot appointed under this chapter. ⁽¹⁷¹⁶⁾

Sec. 62.062. PILOTAGE CHARGES INAPPLICABLE. ⁽¹⁷¹⁸⁾(1-click HTML)

Pilotage charges under this subchapter do not apply to a vessel of 20 tons or less or to a vessel that is excepted by a federal statute or regulation. ⁽¹⁷¹⁹⁾

Sec. 62.063. PILOTAGE CHARGES. ⁽¹⁷²¹⁾(1-click HTML)

(b) A pilot shall furnish a schedule of pilotage rates that must be on file at all times in the office of the navigation district commissioners. ⁽¹⁷²³⁾

(d) A pilot shall strictly follow the schedule of rates on file in the commissioners' office. ⁽¹⁷²⁵⁾

Sec. 62.064. CONSIGNEE LIABILITY FOR PILOT SERVICES. ⁽¹⁷²⁷⁾(1-click HTML)

The consignee of a vessel is liable to a pilot for the pilotage of the vessel. ⁽¹⁷²⁸⁾

Sec. 62.065. LIABILITY OF CERTAIN VESSELS DECLINING PILOT SERVICES. ⁽¹⁷³⁰⁾(1-click HTML)

(a) A vessel that, without the aid of a pilot, enters any channel that is under the jurisdiction of a pilot board of a navigation district and declines pilot services offered by the pilot outside the bar, is liable for the payment of half pilotage to the first pilot whose services the vessel declined. ⁽¹⁷³¹⁾

(b) The consignee of a vessel is responsible for pilot services offered and declined under Subsection (a). ⁽¹⁷³²⁾

Sec. 62.066. LIABILITY OF CERTAIN VESSELS TO OTHER PILOTS. ⁽¹⁷³⁴⁾(1-click HTML)

(a) A vessel that goes out of a channel under the jurisdiction of a pilot board of a navigation district without the aid of a pilot is liable for the payment of half pilotage to: ⁽¹⁷³⁵⁾

(2) the pilot who first offered the vessel services outside the bar, if the vessel did not employ a pilot to come in. ⁽¹⁷³⁷⁾

(b) The consignee of a vessel is responsible for pilot services offered under Subsection (a). ⁽¹⁷³⁸⁾

Sec. 62.067. UNAUTHORIZED PILOT LIABILITY. ⁽¹⁷⁴⁰⁾(1-click HTML)

A person, other than a pilot, who pilots a vessel for which a pilot is required out of or into a port, channel, or waterway under the exclusive jurisdiction of the pilot board of a navigation district is liable to a pilot authorized to provide pilot services in the port, channel, or waterway who offers to pilot the vessel for a payment of $50. ⁽¹⁷⁴¹⁾

Sec. 62.068. RECOVERY OF PILOTAGE CHARGES. ⁽¹⁷⁴³⁾(1-click HTML)

(a) A pilot may recover in court compensation for pilotage or services offered. ⁽¹⁷⁴⁴⁾

(b) A pilot may bring suit to recover the payment under Section 62.067. ⁽¹⁷⁴⁵⁾

CHAPTER 63. PILOT BOARDS ⁽¹⁷⁴⁷⁾(1-click HTML)

SUBCHAPTER A. PILOT BOARDS AND COMMITTEES ⁽¹⁷⁴⁸⁾(1-click HTML)

Sec. 63.001. GOVERNOR TO APPOINT BOARDS. ⁽¹⁷⁴⁹⁾(1-click HTML)

(a) The governor, with the consent of the senate, shall appoint a board of commissioners of pilots consisting of five persons of respectable standing for each port having a population and circumstances that warrant a pilot board. ⁽¹⁷⁵⁰⁾

(1) suspend any commissioner until the next legislative session; and ⁽¹⁷⁵³⁾

(2) fill any vacancy on the board until the next legislative session. ⁽¹⁷⁵⁴⁾

Sec. 63.002. DISQUALIFICATION OF BOARD MEMBER. ⁽¹⁷⁵⁶⁾(1-click HTML)

A pilot board member may not have a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the board's trust. ⁽¹⁷⁵⁷⁾

Sec. 63.003. POWERS AND DUTIES OF BOARD. ⁽¹⁷⁵⁹⁾(1-click HTML)

(1) examine and determine the qualifications of each applicant for branch or deputy pilot; ⁽¹⁷⁶¹⁾

(2) recommend meritorious applicants to the governor, if new appointments are proper; ⁽¹⁷⁶²⁾

(3) examine any cause of alleged or suspected misconduct or inefficiency in a branch or deputy pilot; ⁽¹⁷⁶³⁾

(5) hear and determine all disputes that arise regarding pilots and pilotage; ⁽¹⁷⁶⁵⁾

(6) award to pilots compensation for injurious loss of time incurred in waiting on vessels or by being carried to sea on a vessel by default of the master or owner when the pilot might have been landed; ⁽¹⁷⁶⁶⁾

(7) award to pilots extra compensation for extra services to vessels in distress; and ⁽¹⁷⁶⁷⁾

(8) superintend and generally attend to all matters related to pilots and pilotage. ⁽¹⁷⁶⁸⁾

(b) A pilot board, after a hearing, may suspend a pilot for sufficient cause. ⁽¹⁷⁶⁹⁾

(c) A pilot board may examine and determine the qualifications of a branch or deputy pilot already appointed when the board is organized. ⁽¹⁷⁷⁰⁾

(d) A pilot board may restrict all deputy pilots from piloting over the bar vessels that have over a specified draught of water. ⁽¹⁷⁷¹⁾

Sec. 63.004. PILOTAGE RATES AND RULES. ⁽¹⁷⁷³⁾(1-click HTML)

(2) rules regarding the stations and times that pilots are required to be on duty and provisions for leave of absence; ⁽¹⁷⁷⁶⁾

(3) rules regarding the class, condition, number, and use of pilot boats; and ⁽¹⁷⁷⁷⁾

(4) other minor rules necessary for the government of pilots or for board proceedings. ⁽¹⁷⁷⁸⁾

Sec. 63.005. APPEAL OF BOARD DECISION. ⁽¹⁷⁸⁰⁾(1-click HTML)

An appeal from any decision of a board may be taken to a court. ⁽¹⁷⁸¹⁾

SUBCHAPTER B. PROVISIONAL PILOT COMMITTEES ⁽¹⁷⁸³⁾(1-click HTML)

Sec. 63.021. GOVERNOR AUTHORIZES APPOINTMENT. ⁽¹⁷⁸⁴⁾(1-click HTML)

(a) For a port having a population and circumstances that do not warrant the appointment of a pilot board in this chapter the governor may authorize the county judge of the county to appoint a provisional pilot committee of not less than three and not more than five persons of good character and maritime experience. ⁽¹⁷⁸⁵⁾

(2) examine the qualifications of pilots and pilot applicants; and ⁽¹⁷⁸⁸⁾

(3) investigate any case of a pilot charged with misconduct or inefficiency and suspend that pilot if sufficient cause is found. ⁽¹⁷⁸⁹⁾

SUBCHAPTER C. BRANCH PILOTS AND DEPUTY PILOTS ⁽¹⁷⁹¹⁾(1-click HTML)

Sec. 63.041. APPOINTMENT OF BRANCH PILOTS. ⁽¹⁷⁹²⁾(1-click HTML)

(a) The governor shall appoint at each port for which a pilot board or provisional pilot committee is established the number of branch pilots necessary from time to time. ⁽¹⁷⁹³⁾

Sec. 63.042. APPOINTMENT OF DEPUTY PILOTS. ⁽¹⁷⁹⁶⁾(1-click HTML)

(a) Each branch pilot may appoint two deputies, subject to examination and approval by the board. ⁽¹⁷⁹⁷⁾

(b) A branch pilot is responsible for the actions of the pilot's deputy pilots. ⁽¹⁷⁹⁸⁾

(c) A branch pilot who appoints a deputy pilot without the approval of the board forfeits the pilot's appointment as a branch pilot. ⁽¹⁷⁹⁹⁾

Sec. 63.043. OATH; BOND. ⁽¹⁸⁰¹⁾(1-click HTML)

(a) Each branch pilot shall give a bond, payable to the governor, with two or more sufficient sureties. ⁽¹⁸⁰²⁾

(2) be conditioned on the faithful performance of the pilot's duties; ⁽¹⁸⁰⁵⁾

(3) be approved by the board for the port or, if there is not a board for the port, by the county judge of the county in which the port is located; and ⁽¹⁸⁰⁶⁾

(d) Before the bond is sent to the governor, the bond and oath shall be recorded in the office of the county clerk of the county in which the port is located. ⁽¹⁸⁰⁹⁾

Sec. 63.044. RESIDENCE; PROBATIONARY TERM. ⁽¹⁸¹¹⁾(1-click HTML)

(a) The board shall specify a term that a person must reside in this state to qualify the person to become a branch pilot for the ports or bays in the board's jurisdiction. The term may not exceed two years. ⁽¹⁸¹²⁾

(b) The board shall establish a term of probation that a person must serve as a deputy pilot before the person may exercise the functions of a branch pilot. The term may not exceed one year. ⁽¹⁸¹³⁾

Sec. 63.045. MALFEASANCE; PENALTIES. ⁽¹⁸¹⁵⁾(1-click HTML)

(a) On proof that a branch or deputy pilot took charge of a vessel while intoxicated, the branch or deputy pilot shall: ⁽¹⁸¹⁶⁾

(2) for the second offense, be dismissed and rendered incapable of serving as either a branch or deputy pilot. ⁽¹⁸¹⁸⁾

(b) A branch or deputy pilot who wilfully or negligently causes the wreck of a vessel shall be dismissed and disqualified from again serving as either a branch or deputy pilot. ⁽¹⁸¹⁹⁾

Sec. 63.046. SUSPENDED PILOT. ⁽¹⁸²¹⁾(1-click HTML)

A suspended pilot may not exercise the duties of the pilot's office. ⁽¹⁸²²⁾

Sec. 63.047. REMOVAL OR REINSTATEMENT OF PILOT. ⁽¹⁸²⁴⁾(1-click HTML)

(2) reinstate a branch pilot who has been suspended by the board. ⁽¹⁸²⁷⁾

CHAPTER 64. RATES OF PILOTAGE ⁽¹⁸²⁹⁾(1-click HTML)

Sec. 64.001. DEFINITION. ⁽¹⁸³⁰⁾(1-click HTML)

(5) a person who enters or clears a vessel of the collector of customs. ⁽¹⁸³⁶⁾

Sec. 64.002. PILOTAGE RATE. ⁽¹⁸³⁸⁾(1-click HTML)

The rate of pilotage that may be adopted under Sections 63.004 and 63.021 on a class of vessel may not, in a port of this state, exceed $6.50 for each foot of water that the vessel draws when piloted. This section does not apply to the rate of pilotage established under: ⁽¹⁸³⁹⁾

(B) privately owned docks or terminals in Orange County or Jefferson County; ⁽¹⁸⁴²⁾

Sec. 64.003. PILOTAGE LIABILITY. ⁽¹⁸⁴⁶⁾(1-click HTML)

(a) A vessel that declines pilot services offered outside the bar and enters the port without the aid of a pilot is liable to the first pilot whose services the vessel declined for half pilotage. ⁽¹⁸⁴⁷⁾

(b) A vessel that, after being brought into port by a pilot, leaves port without employing a pilot is liable to the pilot who brought the vessel into port for the payment of half pilotage. ⁽¹⁸⁴⁸⁾

(c) A vessel that declines pilot services offered outside the bar, comes into port without the aid of a pilot, and leaves port without employing a pilot is liable to the pilot who first offered the pilot's services for the payment of half pilotage. ⁽¹⁸⁴⁹⁾

(d) A vessel that is not offered pilot services outside the bar and both enters and leaves the port without a pilot is not liable for the payment of half pilotage. ⁽¹⁸⁵⁰⁾

(e) At a port where vessels receive or discharge cargo at an anchorage outside the bar, a vessel: ⁽¹⁸⁵¹⁾

(1) is liable for the payment of pilotage to the anchorage at the rate provided by Section 64.002; and ⁽¹⁸⁵²⁾

(2) is not liable for the payment of pilotage from the anchorage to the open sea. ⁽¹⁸⁵³⁾

(f) A vessel bound from the open sea to an anchorage outside the bar that, while under way, declines an offer of pilot services and afterward receives or discharges cargo at the anchorage is liable to the first pilot whose services the vessel declined for the payment of half pilotage to the anchorage at the rate provided by Section 64.002 but is not liable for pilotage from the anchorage to the open sea. ⁽¹⁸⁵⁴⁾

(g) The consignee of a vessel is responsible for the pilotage of the vessel. The liability of each consignee is joint and several. ⁽¹⁸⁵⁵⁾

(h) A pilot who takes charge of a vessel 20 miles outside the bar and brings the vessel to the bar is entitled to one-fourth pilotage for offshore service, in addition to what the pilot is entitled to recover for bringing the vessel in. If the vessel declines offshore service, the pilot is not entitled to offshore-service compensation. ⁽¹⁸⁵⁶⁾

Sec. 64.004. SUIT TO RECOVER PILOT FEES. ⁽¹⁸⁵⁸⁾(1-click HTML)

A pilot who serves or offers to serve a vessel may bring suit to recover pilot fees from a consignee. ⁽¹⁸⁵⁹⁾

Sec. 64.005. EXEMPTIONS FROM PILOTAGE CHARGES. ⁽¹⁸⁶¹⁾(1-click HTML)

Except for actual service provided, a vessel of 20 tons or less is exempt from a charge for pilotage. ⁽¹⁸⁶²⁾

Sec. 64.006. UNAUTHORIZED PILOT; LIABILITY. ⁽¹⁸⁶⁴⁾(1-click HTML)

(a) In addition to any other applicable remedy provided by law, a person who has not been appointed to be a branch or deputy pilot and who pilots a vessel out of or into a port after a branch or deputy pilot who is licensed to provide pilot services for the port offers to do so is liable to pay $50 to the branch or deputy pilot. ⁽¹⁸⁶⁵⁾

(b) The branch or deputy pilot may bring suit to recover the money. ⁽¹⁸⁶⁶⁾

CHAPTER 65. PILOTS FOR MATAGORDA AND LAVACA BAYS ⁽¹⁸⁶⁸⁾(1-click HTML)

Sec. 65.001. PILOTS FOR MATAGORDA AND LAVACA BAYS. ⁽¹⁸⁶⁹⁾(1-click HTML)

(a) The governor shall appoint at least two and not more than four competent pilots for Matagorda and Lavaca bays, from Pass Cavallo to Indianola and Lavaca. ⁽¹⁸⁷⁰⁾

(b) The term of office, method of qualification, powers, and privileges of a pilot appointed under this section are the same as those of a branch pilot, to the extent applicable. ⁽¹⁸⁷¹⁾

(d) Except to the extent that the rate of pilotage is set under other applicable law, the rate of pilotage for the bays is $2.50 for each foot of water the vessel may draw when piloted. ⁽¹⁸⁷³⁾

(e) A vessel that may draw five feet or more is liable to pay one-half the pilotage prescribed by Subsection (d) to a licensed pilot for the bays whose services are tendered and declined. ⁽¹⁸⁷⁴⁾

Sec. 65.002. PROVISIONS FOR BRANCH PILOTS APPLICABLE. ⁽¹⁸⁷⁶⁾(1-click HTML)

The provisions of Chapter 62 relating to branch pilots at ports, to the extent applicable, apply to pilots appointed under this chapter. ⁽¹⁸⁷⁷⁾

Sec. 65.003. LIABILITY OF PERSONS OTHER THAN LICENSED PILOTS OR DEPUTIES FOR PILOTAGE. ⁽¹⁸⁷⁹⁾(1-click HTML)

(a) A person who is not a licensed pilot or deputy who pilots a vessel up or down the channel of Matagorda or Lavaca Bay is liable to a pilot who is licensed or commissioned for the bays for full pilotage for the vessel. ⁽¹⁸⁸⁰⁾

(b) A pilot may bring suit to recover pilotage under this section. ⁽¹⁸⁸¹⁾

CHAPTER 66. HOUSTON PILOTS LICENSING AND REGULATORY ACT ⁽¹⁸⁸³⁾(1-click HTML)

Sec. 66.001. SHORT TITLE. ⁽¹⁸⁸⁴⁾(1-click HTML)

This chapter may be cited as the Houston Pilots Licensing and Regulatory Act. ⁽¹⁸⁸⁵⁾

Sec. 66.002. DEFINITIONS. ⁽¹⁸⁸⁷⁾(1-click HTML)

(1) "Board" means the board of pilot commissioners for Harris County ports. ⁽¹⁸⁸⁹⁾

(3) "Harris County port" means a place in Harris County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico. ⁽¹⁸⁹¹⁾

(4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter. ⁽¹⁸⁹²⁾

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services. ⁽¹⁸⁹³⁾

(6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot. ⁽¹⁸⁹⁴⁾

Sec. 66.003. APPLICABILITY OF CHAPTER. ⁽¹⁸⁹⁷⁾(1-click HTML)

SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS ⁽¹⁹⁰⁰⁾(1-click HTML)

Sec. 66.011. BOARD. ⁽¹⁹⁰¹⁾(1-click HTML)

The board of pilot commissioners for the ports of Harris County is composed of the port commissioners of the Port of Houston Authority of Harris County, Texas. ⁽¹⁹⁰²⁾

Sec. 66.012. PROHIBITED INTEREST. ⁽¹⁹⁰⁴⁾(1-click HTML)

A person may not be a member of the board if the person, directly or indirectly, is engaged in or has an interest in any pilot boat or in any other business affected by or connected with the performance of the person's duties as a pilot commissioner. ⁽¹⁹⁰⁵⁾

Sec. 66.013. OATH. ⁽¹⁹⁰⁷⁾(1-click HTML)

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. ⁽¹⁹⁰⁸⁾

Sec. 66.014. TERM OF OFFICE. ⁽¹⁹¹⁰⁾(1-click HTML)

A board member serves a term of office that coincides with the member's term as a port commissioner. ⁽¹⁹¹¹⁾

Sec. 66.015. JURISDICTION. ⁽¹⁹¹³⁾(1-click HTML)

The board has exclusive jurisdiction over the piloting of vessels in Harris County ports, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction. ⁽¹⁹¹⁴⁾

Sec. 66.016. ADMINISTRATION; RULES. ⁽¹⁹¹⁶⁾(1-click HTML)

(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. ⁽¹⁹¹⁷⁾

Sec. 66.017. DUTIES. ⁽¹⁹²⁰⁾(1-click HTML)

(1) establish the number of pilots necessary to provide adequate pilot services for each Harris County port; ⁽¹⁹²²⁾

(2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot; ⁽¹⁹²³⁾

(3) submit to the governor lists of applicants the board finds to be qualified for appointment as pilots; ⁽¹⁹²⁴⁾

(6) establish times during which pilot services will be available; ⁽¹⁹²⁷⁾

(7) hear and determine complaints relating to the conduct of pilots; ⁽¹⁹²⁸⁾

(8) recommend to the governor each pilot whose license or certificate should not be renewed or should be revoked; ⁽¹⁹²⁹⁾

(9) adopt rules and issue orders to pilots or vessels when necessary to secure efficient pilot services; ⁽¹⁹³⁰⁾

(10) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter; and ⁽¹⁹³¹⁾

(11) provide penalties to be imposed on a person who is not a pilot for a Harris County port who pilots a vessel into or out of the port if a pilot offered those services to the vessel. ⁽¹⁹³²⁾

Sec. 66.018. UNFAIR DISCRIMINATION PROHIBITED. ⁽¹⁹³⁴⁾(1-click HTML)

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, religion, sex, ethnic origin, or national origin. ⁽¹⁹³⁵⁾

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Harris County. ⁽¹⁹³⁶⁾

Sec. 66.019. OPEN MEETINGS LAW. ⁽¹⁹³⁸⁾(1-click HTML)

Chapter 551, Government Code, applies to actions and proceedings under this chapter. ⁽¹⁹³⁹⁾

Sec. 66.020. RULE OR RATE CHANGE. ⁽¹⁹⁴¹⁾(1-click HTML)

(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. ⁽¹⁹⁴²⁾

(b) The board shall post the notice and a copy of the proposed rule or change at the board office for public inspection. ⁽¹⁹⁴³⁾

Sec. 66.021. CONTESTED CASE NOTICE. ⁽¹⁹⁴⁵⁾(1-click HTML)

The board shall post in the board office for public inspection a notice that includes the same information as the notice given to the parties in each contested case. ⁽¹⁹⁴⁶⁾

Sec. 66.022. JUDICIAL REVIEW. ⁽¹⁹⁴⁸⁾(1-click HTML)

Proceedings for judicial review of a board decision shall be brought in a district court in Harris County. ⁽¹⁹⁴⁹⁾

SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES ⁽¹⁹⁵¹⁾(1-click HTML)

Sec. 66.031. LICENSE OR CERTIFICATE REQUIRED. ⁽¹⁹⁵²⁾(1-click HTML)

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Harris County ports in which the pilot services are to be provided. ⁽¹⁹⁵³⁾

Sec. 66.032. EXEMPTIONS. ⁽¹⁹⁵⁵⁾(1-click HTML)

(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 ⁽¹⁹⁵⁷⁾

(2) a vessel exempt under federal law from payment of state pilotage rates. ⁽¹⁹⁵⁸⁾

Sec. 66.033. QUALIFICATIONS FOR LICENSE. ⁽¹⁹⁶⁰⁾(1-click HTML)

(3) as of the date the license is issued, have resided continuously in this state for at least one year; ⁽¹⁹⁶⁴⁾

(4) be licensed under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services; ⁽¹⁹⁶⁵⁾

(5) have at least three years' service as a deputy branch pilot or equivalent service piloting vessels of at least 5,000 gross tons within the board's jurisdiction; ⁽¹⁹⁶⁶⁾

(6) have commanded or controlled the navigation of vessels such as the person would pilot; ⁽¹⁹⁶⁷⁾

(7) have extensive experience in the docking and undocking of vessels; ⁽¹⁹⁶⁸⁾

(10) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot. ⁽¹⁹⁷¹⁾

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 1, eff. Sept. 1, 1997. ⁽¹⁹⁷²⁾

Sec. 66.034. QUALIFICATIONS FOR CERTIFICATE. ⁽¹⁹⁷³⁾(1-click HTML)

To be eligible for a certificate as a deputy branch pilot, a person must: ⁽¹⁹⁷⁴⁾

(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; ⁽¹⁹⁷⁷⁾

(6) possess the requisite skill to perform competently and safely the duties of a deputy branch pilot. ⁽¹⁹⁸⁰⁾

Sec. 66.035. APPLICATION FOR LICENSE OR CERTIFICATE. ⁽¹⁹⁸²⁾(1-click HTML)

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. ⁽¹⁹⁸³⁾

Sec. 66.036. CONSIDERATION OF APPLICATION. ⁽¹⁹⁸⁵⁾(1-click HTML)

(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. ⁽¹⁹⁸⁶⁾

(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. ⁽¹⁹⁸⁷⁾

Sec. 66.037. BRANCH PILOT APPOINTMENT BY GOVERNOR. ⁽¹⁹⁸⁹⁾(1-click HTML)

(a) On filing of the bond and oath required by Section 66.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified. ⁽¹⁹⁹⁰⁾

(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 Harris County ports. ⁽¹⁹⁹¹⁾

Sec. 66.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT. ⁽¹⁹⁹³⁾(1-click HTML)

(a) Each branch pilot may appoint, subject to examination and approval by the board, two deputy branch pilots for whose acts the branch pilot is responsible. ⁽¹⁹⁹⁴⁾

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable. ⁽¹⁹⁹⁵⁾

(c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot. ⁽¹⁹⁹⁶⁾

Sec. 66.039. OATH; BOND. ⁽¹⁹⁹⁸⁾(1-click HTML)

(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). ⁽¹⁹⁹⁹⁾

(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. ⁽²⁰⁰⁰⁾

Sec. 66.040. TERMS OF LICENSES AND CERTIFICATES. ⁽²⁰⁰³⁾(1-click HTML)

(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. ⁽²⁰⁰⁴⁾

(b) A deputy branch pilot's certificate expires on the third anniversary of the date it is issued and may not be renewed. ⁽²⁰⁰⁵⁾

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 1, eff. Sept. 1, 1997. ⁽²⁰⁰⁶⁾

Sec. 66.041. BRANCH PILOT'S LICENSE RENEWAL. ⁽²⁰⁰⁷⁾(1-click HTML)

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. ⁽²⁰⁰⁸⁾

(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. ⁽²⁰⁰⁹⁾

(1) does not possess a qualification required by this chapter for pilots; or ⁽²⁰¹¹⁾

(2) has a disability that will affect the license holder's ability to serve as a pilot. ⁽²⁰¹²⁾

(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. ⁽²⁰¹³⁾

(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. ⁽²⁰¹⁴⁾

(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: ⁽²⁰¹⁵⁾

(1) the pilot does not contest the board's decision not to renew the license; or ⁽²⁰¹⁶⁾

(2) the board after a hearing finds that it has probable cause not to renew the license. ⁽²⁰¹⁷⁾

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed. ⁽²⁰¹⁸⁾

Sec. 66.042. DEPUTY BRANCH PILOT. ⁽²⁰²⁰⁾(1-click HTML)

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. ⁽²⁰²¹⁾

Sec. 66.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE. ⁽²⁰²³⁾(1-click HTML)

(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: ⁽²⁰²⁴⁾

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter; ⁽²⁰²⁵⁾

(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; ⁽²⁰²⁶⁾

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently; ⁽²⁰²⁷⁾

(4) violated a provision of this chapter or rules adopted by the board under this chapter; ⁽²⁰²⁸⁾

(5) made a material misstatement in the application for a license; ⁽²⁰²⁹⁾

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation; ⁽²⁰³⁰⁾

(8) charged a pilotage rate other than that approved by the board; ⁽²⁰³²⁾

(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; ⁽²⁰³³⁾

(11) been absent from duty in violation of board rules and without authorization; ⁽²⁰³⁵⁾

(12) aided or abetted another pilot in failing to perform the other pilot's duties; or ⁽²⁰³⁶⁾

(13) been guilty of carelessness, neglect of duty, intentional unavailability for performance of duties, refusal to perform duties, misconduct, or incompetence while on duty. ⁽²⁰³⁷⁾

(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. ⁽²⁰³⁸⁾

(c) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and: ⁽²⁰³⁹⁾

(d) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. ⁽²⁰⁴²⁾

(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. ⁽²⁰⁴³⁾

Sec. 66.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. ⁽²⁰⁴⁵⁾(1-click HTML)

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 66.043. ⁽²⁰⁴⁶⁾

Sec. 66.045. LIABILITY TO PILOT. ⁽²⁰⁴⁸⁾(1-click HTML)

(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. ⁽²⁰⁴⁹⁾

(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. ⁽²⁰⁵⁰⁾

SUBCHAPTER D. PILOTAGE RATES ⁽²⁰⁵²⁾(1-click HTML)

Sec. 66.061. PILOTAGE RATE CHANGE. ⁽²⁰⁵³⁾(1-click HTML)

The board may not change pilotage rates before the first anniversary of the preceding rate change. ⁽²⁰⁵⁴⁾

Sec. 66.062. PILOTAGE RATE CHANGE APPLICATION. ⁽²⁰⁵⁶⁾(1-click HTML)

(a) An application for a change in pilotage rates may be submitted to the board by: ⁽²⁰⁵⁷⁾

(3) a consignee liable under Section 66.070 to pay pilotage rates; or ⁽²⁰⁶⁰⁾

(b) The application must be written and must state specifically the changes requested. ⁽²⁰⁶²⁾

(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. ⁽²⁰⁶³⁾

(d) An applicant shall give notice of the application and the hearing date, by certified mail to the last known address, to: ⁽²⁰⁶⁴⁾

Sec. 66.063. PILOT FINANCIAL REPORT. ⁽²⁰⁶⁹⁾(1-click HTML)

(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: ⁽²⁰⁷⁰⁾

(1) all amounts received from performing pilot services, organized by categories or classifications of rates, if rates are set in that manner; ⁽²⁰⁷¹⁾

(2) all earnings from capital assets devoted to providing pilot services; ⁽²⁰⁷²⁾

(3) all expenses incurred in connection with activities for which amounts described by Subdivisions (1) and (2) were received and earned; and ⁽²⁰⁷³⁾

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates. ⁽²⁰⁷⁴⁾

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and ⁽²⁰⁷⁶⁾

(2) the subsequent period to within 60 days of the date of the application. ⁽²⁰⁷⁷⁾

(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. ⁽²⁰⁷⁸⁾

(d) The board may require relevant additional information it considers necessary to determine a proper pilotage rate. ⁽²⁰⁷⁹⁾

Sec. 66.064. FACTORS FOR BOARD CONSIDERATION. ⁽²⁰⁸¹⁾(1-click HTML)

In establishing pilotage rates, the board shall consider factors relevant to determining reasonable and just pilotage rates, including: ⁽²⁰⁸²⁾

(4) the public interest in maintaining safe, efficient, and reliable pilot services; ⁽²⁰⁸⁸⁾

(5) the average wages of masters of United States flag vessels that navigate in the board's jurisdiction and for which the pilotage rate is to be established; ⁽²⁰⁸⁹⁾

(6) economic factors affecting the shipping industry in the area in which the port is located; and ⁽²⁰⁹⁰⁾

(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. ⁽²⁰⁹¹⁾

Sec. 66.065. RATE DECISION. ⁽²⁰⁹³⁾(1-click HTML)

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: ⁽²⁰⁹⁴⁾

Sec. 66.066. COSTS. ⁽²⁰⁹⁹⁾(1-click HTML)

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. ⁽²¹⁰⁰⁾

Sec. 66.067. APPEAL OF BOARD DECISION. ⁽²¹⁰²⁾(1-click HTML)

Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court. ⁽²¹⁰³⁾

Sec. 66.068. EMERGENCY PILOTAGE RATES. ⁽²¹⁰⁵⁾(1-click HTML)

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: ⁽²¹⁰⁶⁾

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and ⁽²¹⁰⁷⁾

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures. ⁽²¹⁰⁸⁾

(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. ⁽²¹⁰⁹⁾

Sec. 66.069. PILOT SERVICES REQUIRED. ⁽²¹¹³⁾(1-click HTML)

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. ⁽²¹¹⁴⁾

Sec. 66.070. PILOTAGE RATE LIABILITY. ⁽²¹¹⁶⁾(1-click HTML)

(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. ⁽²¹¹⁷⁾

(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. ⁽²¹¹⁸⁾

(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. ⁽²¹¹⁹⁾

(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. ⁽²¹²⁰⁾

(e) Subsections (a)-(d) do not apply to a consignee exempt under this chapter from payment of pilotage rates. ⁽²¹²¹⁾

(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. ⁽²¹²²⁾

(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. ⁽²¹²³⁾

Sec. 66.071. RECOVERY OF COMPENSATION. ⁽²¹²⁵⁾(1-click HTML)

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. ⁽²¹²⁶⁾

SUBCHAPTER E. PILOT LIABILITY ⁽²¹²⁸⁾(1-click HTML)

Sec. 66.081. PURPOSE. ⁽²¹²⁹⁾(1-click HTML)

(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 ⁽²¹³¹⁾

Sec. 66.082. PILOT LIABILITY. ⁽²¹³⁴⁾(1-click HTML)

A pilot is not liable directly or as a member of an organization of pilots for any claim that: ⁽²¹³⁵⁾

(1) arises from an act or omission of another pilot or organization of pilots; and ⁽²¹³⁶⁾

Sec. 66.083. PILOT LIABILITY LIMITED. ⁽²¹³⁹⁾(1-click HTML)

(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). ⁽²¹⁴⁰⁾

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot; ⁽²¹⁴²⁾

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or ⁽²¹⁴³⁾

(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. ⁽²¹⁴⁴⁾

(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: ⁽²¹⁴⁵⁾

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot. ⁽²¹⁴⁷⁾

(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. ⁽²¹⁴⁸⁾

CHAPTER 67. GALVESTON COUNTY PILOTS LICENSING AND REGULATORY ACT ⁽²¹⁵⁰⁾(1-click HTML)

Sec. 67.001. SHORT TITLE. ⁽²¹⁵¹⁾(1-click HTML)

This chapter may be cited as the Galveston County Pilots Licensing and Regulatory Act. ⁽²¹⁵²⁾

Sec. 67.002. DEFINITIONS. ⁽²¹⁵⁴⁾(1-click HTML)

(1) "Board" means the board of pilot commissioners for Galveston County ports. ⁽²¹⁵⁶⁾

(3) "Galveston County port" means a place in Galveston County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico. ⁽²¹⁵⁸⁾

(4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter. ⁽²¹⁵⁹⁾

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services. ⁽²¹⁶⁰⁾

(6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot. ⁽²¹⁶¹⁾

Sec. 67.003. APPLICABILITY OF CHAPTER. ⁽²¹⁶⁴⁾(1-click HTML)

(b) This chapter does not affect the existing laws for ports in other counties, and those laws do not apply to ports located in Galveston County. ⁽²¹⁶⁶⁾

Sec. 67.011. BOARD. ⁽²¹⁶⁸⁾(1-click HTML)

The board of pilot commissioners for the ports of Galveston County is composed of five commissioners from Galveston County appointed by the governor with the advice and consent of the senate. ⁽²¹⁶⁹⁾

Sec. 67.012. PROHIBITED INTEREST. ⁽²¹⁷¹⁾(1-click HTML)

A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in any business affected by or connected with the performance of the person's duties as a pilot commissioner. ⁽²¹⁷²⁾

Sec. 67.013. OATH. ⁽²¹⁷⁴⁾(1-click HTML)

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. ⁽²¹⁷⁵⁾

Sec. 67.014. TERM OF OFFICE. ⁽²¹⁷⁷⁾(1-click HTML)

(b) A member holds office until the member's successor is appointed and qualified. ⁽²¹⁷⁹⁾

Sec. 67.015. JURISDICTION. ⁽²¹⁸¹⁾(1-click HTML)

The board has exclusive jurisdiction over the piloting of vessels in Galveston County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction. ⁽²¹⁸²⁾

Sec. 67.016. ADMINISTRATION; RULES. ⁽²¹⁸⁴⁾(1-click HTML)

(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. ⁽²¹⁸⁵⁾

Sec. 67.017. DUTIES. ⁽²¹⁸⁸⁾(1-click HTML)

(1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Galveston County port; ⁽²¹⁹⁰⁾

(2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot; ⁽²¹⁹¹⁾

(3) provide names of all qualified applicants for certificates to each pilot association office of Galveston County; ⁽²¹⁹²⁾

(4) submit to the governor the names of persons who have qualified under this chapter to be appointed as branch pilots; ⁽²¹⁹³⁾

(7) establish times during which pilot services will be available; ⁽²¹⁹⁶⁾

(8) hear and determine complaints relating to the conduct of pilots; ⁽²¹⁹⁷⁾

(9) make recommendations to the governor concerning any pilot whose license or certificate should not be renewed or should be revoked; ⁽²¹⁹⁸⁾

(10) adopt rules and issue orders to pilots and vessels when necessary to secure efficient pilot services; ⁽²¹⁹⁹⁾

(11) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter; ⁽²²⁰⁰⁾

(12) provide penalties to be imposed on a person who is not a pilot for a Galveston County port and who pilots a vessel into or out of the port; and ⁽²²⁰¹⁾

Sec. 67.018. PILOT REVIEW BOARD. ⁽²²⁰⁴⁾(1-click HTML)

The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Galveston County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints. ⁽²²⁰⁵⁾

Sec. 67.019. UNFAIR DISCRIMINATION PROHIBITED. ⁽²²⁰⁷⁾(1-click HTML)

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Galveston County. ⁽²²⁰⁹⁾

Sec. 67.020. OPEN MEETINGS LAW. ⁽²²¹¹⁾(1-click HTML)

Chapter 551, Government Code, applies to actions and proceedings under this chapter. ⁽²²¹²⁾

Sec. 67.021. RULE OR RATE CHANGE. ⁽²²¹⁴⁾(1-click HTML)

(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. ⁽²²¹⁵⁾

(b) The board shall mail the notice and a copy of the proposed rule or change by registered mail to: ⁽²²¹⁶⁾

(2) all known consignees and all known associations of consignees operating in Galveston County. ⁽²²¹⁸⁾

Sec. 67.022. JUDICIAL REVIEW. ⁽²²²¹⁾(1-click HTML)

Proceedings for judicial review of a board decision shall be brought in a district court in Galveston County. ⁽²²²²⁾

Sec. 67.031. LICENSE OR CERTIFICATE REQUIRED. ⁽²²²⁴⁾(1-click HTML)

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Galveston County ports in which the pilot services are to be provided. ⁽²²²⁵⁾

Sec. 67.032. EXEMPTION. ⁽²²²⁷⁾(1-click HTML)

The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates. ⁽²²²⁸⁾

Sec. 67.033. QUALIFICATIONS FOR LICENSE. ⁽²²³⁰⁾(1-click HTML)

(3) as of the date the license is issued, have resided continuously in this state for at least two years; ⁽²²³⁴⁾

(4) have at least two years' service as a deputy branch pilot and successfully complete the board-approved training program; ⁽²²³⁵⁾

(5) have controlled the navigation of vessels such as the person would pilot; ⁽²²³⁶⁾

(6) have extensive experience in the docking and undocking of vessels; ⁽²²³⁷⁾

(9) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot. ⁽²²⁴⁰⁾

Sec. 67.034. QUALIFICATIONS FOR CERTIFICATE. ⁽²²⁴²⁾(1-click HTML)

To be eligible for a certificate as a deputy branch pilot, a person must: ⁽²²⁴³⁾

(6) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot. ⁽²²⁴⁹⁾

Sec. 67.035. APPLICATION FOR LICENSE OR CERTIFICATE. ⁽²²⁵¹⁾(1-click HTML)

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. ⁽²²⁵²⁾

Sec. 67.036. CONSIDERATION OF APPLICATION. ⁽²²⁵⁴⁾(1-click HTML)

As part of its consideration of applications for licenses and certificates, the board may examine and decide on the qualifications of an applicant for the position of branch pilot or deputy branch pilot. ⁽²²⁵⁵⁾

Sec. 67.037. BRANCH PILOT APPOINTMENT BY GOVERNOR. ⁽²²⁵⁷⁾(1-click HTML)

(a) On filing of the bond and oath required by Section 67.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified. ⁽²²⁵⁸⁾

(c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for each Galveston County port. ⁽²²⁶⁰⁾

Sec. 67.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT. ⁽²²⁶²⁾(1-click HTML)

(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots. ⁽²²⁶³⁾

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable. ⁽²²⁶⁴⁾

(c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot. ⁽²²⁶⁵⁾

Sec. 67.039. OATH; BOND. ⁽²²⁶⁷⁾(1-click HTML)

(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). ⁽²²⁶⁸⁾

Sec. 67.040. TERMS OF LICENSES AND CERTIFICATES. ⁽²²⁷²⁾(1-click HTML)

(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed. ⁽²²⁷³⁾

(b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed. ⁽²²⁷⁴⁾

Sec. 67.041. BRANCH PILOT'S LICENSE RENEWAL. ⁽²²⁷⁶⁾(1-click HTML)

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. ⁽²²⁷⁷⁾

(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. ⁽²²⁷⁸⁾

(1) does not possess a qualification required by this chapter for pilots; or ⁽²²⁸⁰⁾

(2) has a disability that will affect the license holder's ability to serve as a pilot. ⁽²²⁸¹⁾

(d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder 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. ⁽²²⁸²⁾

(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: ⁽²²⁸⁴⁾

(1) the pilot does not contest the board's decision not to renew the license; or ⁽²²⁸⁵⁾

(2) the board after a hearing finds that it has probable cause not to renew the license. ⁽²²⁸⁶⁾

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed. ⁽²²⁸⁷⁾

Sec. 67.042. DEPUTY BRANCH PILOT. ⁽²²⁸⁹⁾(1-click HTML)

Sec. 67.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE. ⁽²²⁹²⁾(1-click HTML)

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter; ⁽²²⁹⁴⁾

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently; ⁽²²⁹⁶⁾

(4) violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot's duties at the time of the violation; ⁽²²⁹⁷⁾

(5) made a material misstatement in the application for a license; ⁽²²⁹⁸⁾

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation; ⁽²²⁹⁹⁾

(7) charged a pilotage rate other than that approved by the board; ⁽²³⁰⁰⁾

(8) intentionally refused to pilot 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 would have constituted a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services; ⁽²³⁰¹⁾

(9) been absent from duty in violation of board rules and without authorization; ⁽²³⁰²⁾

(10) aided or abetted another pilot in failing to perform the other pilot's duties; or ⁽²³⁰³⁾

(11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty. ⁽²³⁰⁴⁾

(b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and: ⁽²³⁰⁵⁾

(c) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. If the board's order is appealed, the governor may not revoke the license until the order is upheld on appeal. ⁽²³⁰⁸⁾

(d) A suspension of a license on the recommendation of a pilot review board 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. ⁽²³⁰⁹⁾

Sec. 67.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. ⁽²³¹¹⁾(1-click HTML)

A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 67.043. ⁽²³¹²⁾

Sec. 67.045. LIABILITY TO PILOT. ⁽²³¹⁴⁾(1-click HTML)

(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. ⁽²³¹⁶⁾

Sec. 67.061. PILOTAGE RATE CHANGE. ⁽²³¹⁸⁾(1-click HTML)

The board may not change pilotage rates before the first anniversary of the preceding rate change. ⁽²³¹⁹⁾

Sec. 67.062. PILOTAGE RATE CHANGE APPLICATION. ⁽²³²¹⁾(1-click HTML)

(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by: ⁽²³²²⁾

(2) the owner, agent, or consignee of a vessel navigating to or from a Galveston County port. ⁽²³²⁴⁾

(1) a brief statement of the circumstances that warrant the change; and ⁽²³²⁶⁾

(2) a certification that the applicant has submitted copies of the application to all known pilots, consignees, and associations of consignees operating in Galveston County at the time of the application. ⁽²³²⁷⁾

Sec. 67.063. OBJECTION; HEARING. ⁽²³²⁹⁾(1-click HTML)

(a) If, not later than the 20th day after the date notice is sent, a commissioner receives a written objection to the application from any person who appears to have a legitimate interest in the application, the board shall hold a hearing as provided by this section. ⁽²³³⁰⁾

(b) The board shall hold the hearing not later than the 20th day after the date the 20-day period provided by Subsection (a) expires. ⁽²³³¹⁾

(3) any other person the board determines is interested in the proceedings. ⁽²³³⁵⁾

(d) 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 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. ⁽²³³⁶⁾

Sec. 67.064. BOARD ACTION ON APPLICATION. ⁽²³³⁸⁾(1-click HTML)

(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 67.063(a), the board shall act on the application without further proceedings. ⁽²³³⁹⁾

(b) If a hearing is held as provided by Section 67.063, the board shall grant, deny, or modify the application after receipt of the evidence offered by the parties and arguments and briefs requested by the board. ⁽²³⁴⁰⁾

Sec. 67.065. PILOT FINANCIAL REPORT. ⁽²³⁴²⁾(1-click HTML)

(1) all amounts received from performing pilot services, organized by categories or classifications of rates, if rates are set in that manner; ⁽²³⁴⁴⁾

(2) all earnings from capital assets devoted to providing pilot services; ⁽²³⁴⁵⁾

(3) all expenses incurred in connection with activities for which amounts described by Subdivisions (1) and (2) were received and earned; and ⁽²³⁴⁶⁾

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates. ⁽²³⁴⁷⁾

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and ⁽²³⁴⁹⁾

(2) the subsequent period to within 60 days of the date of the application. ⁽²³⁵⁰⁾

(c) The board may require relevant additional information it considers necessary to determine a proper pilotage rate. ⁽²³⁵¹⁾

Sec. 67.066. FACTORS FOR BOARD CONSIDERATION. ⁽²³⁵³⁾(1-click HTML)

In acting on a pilotage rate change application, the board shall consider: ⁽²³⁵⁴⁾

(2) the average number of hours spent by a pilot in performing pilot services; ⁽²³⁵⁶⁾

(4) the effect, including economic factors affecting the shipping industry in the area, that the granting, refusal, or modification of the application would have on Galveston County ports and the persons residing in the board's jurisdiction; ⁽²³⁵⁸⁾

(5) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with pilot duties; and ⁽²³⁵⁹⁾

(6) the relationship between the pilotage rates in Galveston County ports and the rates applicable in other ports of this state and in competitive ports in other states. ⁽²³⁶⁰⁾

Sec. 67.067. BOARD ACTION. ⁽²³⁶²⁾(1-click HTML)

(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as provided by Subsection (b). ⁽²³⁶³⁾

(b) Any party aggrieved by the board's order may, after exhausting all administrative remedies, appeal the order to a court. ⁽²³⁶⁴⁾

Sec. 67.068. REPORTING AND STENOGRAPHIC COSTS. ⁽²³⁶⁶⁾(1-click HTML)

(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a hearing against one or more of the applicants and objecting parties. ⁽²³⁶⁷⁾

(b) 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. ⁽²³⁶⁸⁾

Sec. 67.069. ORDER FILED. ⁽²³⁷⁰⁾(1-click HTML)

(a) The board shall file a copy of its order with the county clerk. ⁽²³⁷¹⁾

(b) The board shall file the order not later than the 20th day after: ⁽²³⁷²⁾

(1) the closing date of a hearing held as provided by Section 67.063(b); or ⁽²³⁷³⁾

(2) if the hearing is not held, the expiration of the period provided by Section 67.063(a). ⁽²³⁷⁴⁾

Sec. 67.070. EMERGENCY PILOTAGE RATES. ⁽²³⁷⁶⁾(1-click HTML)

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: ⁽²³⁷⁷⁾

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and ⁽²³⁷⁸⁾

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures. ⁽²³⁷⁹⁾

(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. ⁽²³⁸⁰⁾

Sec. 67.071. PILOT SERVICES REQUIRED. ⁽²³⁸⁴⁾(1-click HTML)

Sec. 67.072. PILOTAGE RATE LIABILITY. ⁽²³⁸⁷⁾(1-click HTML)

(a) A pilot who charges a pilotage 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. ⁽²³⁸⁸⁾

(b) 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. ⁽²³⁸⁹⁾

Sec. 67.073. RECOVERY OF COMPENSATION. ⁽²³⁹¹⁾(1-click HTML)

Sec. 67.081. PURPOSE. ⁽²³⁹⁴⁾(1-click HTML)

(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 ⁽²³⁹⁶⁾

Sec. 67.082. PILOT LIABILITY. ⁽²³⁹⁹⁾(1-click HTML)

A pilot is not liable directly or as a member of an organization of pilots for a claim that: ⁽²⁴⁰⁰⁾

(1) arises from an act or omission of another pilot or organization of pilots; and ⁽²⁴⁰¹⁾

Sec. 67.083. PILOT LIABILITY LIMITED. ⁽²⁴⁰⁴⁾(1-click HTML)

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot; ⁽²⁴⁰⁷⁾

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or ⁽²⁴⁰⁸⁾

(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. ⁽²⁴⁰⁹⁾

(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: ⁽²⁴¹⁰⁾

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot. ⁽²⁴¹²⁾

CHAPTER 68. BRAZORIA COUNTY PILOTS LICENSING AND REGULATORY ACT ⁽²⁴¹⁵⁾(1-click HTML)

Sec. 68.001. SHORT TITLE. ⁽²⁴¹⁶⁾(1-click HTML)

This chapter may be cited as the Brazoria County Pilots Licensing and Regulatory Act. ⁽²⁴¹⁷⁾

Sec. 68.002. DEFINITIONS. ⁽²⁴¹⁹⁾(1-click HTML)

(1) "Board" means the board of pilot commissioners for Brazoria County ports. ⁽²⁴²¹⁾

(2) "Brazoria County port" means a place in Brazoria County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico. ⁽²⁴²²⁾

(3) "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. ⁽²⁴²³⁾

(4) "Pilot" means a person who is licensed and commissioned as a branch pilot or certified as a deputy branch pilot under this chapter. ⁽²⁴²⁴⁾

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for the pilot's services. ⁽²⁴²⁵⁾

(6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot. ⁽²⁴²⁶⁾

Sec. 68.003. APPLICABILITY OF CHAPTER. ⁽²⁴²⁹⁾(1-click HTML)

(b) This chapter does not affect laws relating to a port in another county and those laws do not apply to a Brazoria County port. ⁽²⁴³¹⁾

Sec. 68.004. VENUE. ⁽²⁴³³⁾(1-click HTML)

A suit to enforce a claim, right, or cause of action provided by this chapter shall be brought in Brazoria County. ⁽²⁴³⁴⁾

Sec. 68.011. BOARD. ⁽²⁴³⁶⁾(1-click HTML)

The board of pilot commissioners for the ports of Brazoria County is composed of the navigation and canal commissioners of the Brazos River Harbor Navigation District of Brazoria County. ⁽²⁴³⁷⁾

Sec. 68.012. PROHIBITED INTEREST. ⁽²⁴³⁹⁾(1-click HTML)

A person may not be a member of the board if the person, directly or indirectly, is engaged in or has any interest in a pilot boat business, towing business, or other business affected by or connected with the performance of the person's duties as a pilot commissioner. ⁽²⁴⁴⁰⁾

Sec. 68.013. OATH. ⁽²⁴⁴²⁾(1-click HTML)

Sec. 68.014. TERM OF OFFICE. ⁽²⁴⁴⁵⁾(1-click HTML)

A board member serves a term of office that coincides with the member's term as a navigation and canal commissioner. ⁽²⁴⁴⁶⁾

Sec. 68.015. JURISDICTION. ⁽²⁴⁴⁸⁾(1-click HTML)

The board has exclusive jurisdiction over the piloting of vessels in Brazoria County ports, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction. ⁽²⁴⁴⁹⁾

Sec. 68.016. ADMINISTRATION; RULES. ⁽²⁴⁵¹⁾(1-click HTML)

(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. ⁽²⁴⁵²⁾

Sec. 68.017. DUTIES. ⁽²⁴⁵⁵⁾(1-click HTML)

(1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Brazoria County port; ⁽²⁴⁵⁷⁾

(2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot; ⁽²⁴⁵⁸⁾

(3) provide the names of all qualified applicants for certificates to the Brazos Pilots Association; ⁽²⁴⁵⁹⁾

(4) submit to the governor the names of persons who have qualified under this chapter to be commissioned as branch pilots; ⁽²⁴⁶⁰⁾

(7) establish times during which pilot services will be available; ⁽²⁴⁶³⁾

(8) hear and determine complaints relating to the conduct of pilots; ⁽²⁴⁶⁴⁾

(9) recommend to the governor each pilot whose license or certificate should not be renewed or should be revoked; ⁽²⁴⁶⁵⁾

(10) adopt rules and issue orders to pilots or vessels when necessary to secure efficient pilot services; ⁽²⁴⁶⁶⁾

(11) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter; ⁽²⁴⁶⁷⁾

(12) provide penalties to be imposed on a person who is not a pilot for a Brazoria County port who pilots a vessel into or out of the port; and ⁽²⁴⁶⁸⁾

Sec. 68.018. PILOT REVIEW BOARD. ⁽²⁴⁷¹⁾(1-click HTML)

The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Brazoria County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints. ⁽²⁴⁷²⁾

Sec. 68.019. UNFAIR DISCRIMINATION PROHIBITED. ⁽²⁴⁷⁴⁾(1-click HTML)

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or applicant because of race, religion, sex, ethnic origin, or national origin. ⁽²⁴⁷⁵⁾

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Brazoria County. ⁽²⁴⁷⁶⁾

Sec. 68.020. OPEN MEETINGS LAW. ⁽²⁴⁷⁸⁾(1-click HTML)

Chapter 551, Government Code, applies to actions and proceedings under this chapter. ⁽²⁴⁷⁹⁾

Sec. 68.021. RULE OR RATE CHANGE. ⁽²⁴⁸¹⁾(1-click HTML)

(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. ⁽²⁴⁸²⁾

(b) The board shall mail the notice and a copy of the proposed rule or change by registered mail to: ⁽²⁴⁸³⁾

(2) all known consignees and all known associations of consignees operating in Brazoria County. ⁽²⁴⁸⁵⁾

Sec. 68.022. JUDICIAL REVIEW. ⁽²⁴⁸⁸⁾(1-click HTML)

Proceedings for judicial review of a board decision shall be brought in a district court in Brazoria County. ⁽²⁴⁸⁹⁾

Sec. 68.031. LICENSE OR CERTIFICATE REQUIRED. ⁽²⁴⁹¹⁾(1-click HTML)

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Brazoria County ports in which the pilot services are to be provided. ⁽²⁴⁹²⁾

Sec. 68.032. EXEMPTION. ⁽²⁴⁹⁴⁾(1-click HTML)

The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates. ⁽²⁴⁹⁵⁾

Sec. 68.033. QUALIFICATIONS FOR LICENSE. ⁽²⁴⁹⁷⁾(1-click HTML)

To be eligible for a license as a branch pilot, a person must: ⁽²⁴⁹⁸⁾

(1) be at least 25 years of age and less than 68 years of age; ⁽²⁴⁹⁹⁾

(3) as of the date the license is issued, have resided continuously in this state for at least two years; ⁽²⁵⁰¹⁾

(4) have at least two years' service as a deputy branch pilot and have successfully completed the board-approved training program; ⁽²⁵⁰²⁾

(5) have controlled the navigation of vessels such as the person would pilot; ⁽²⁵⁰³⁾

(6) have extensive experience in the docking and undocking of vessels; ⁽²⁵⁰⁴⁾

(7) be licensed under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services; ⁽²⁵⁰⁵⁾

(10) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot. ⁽²⁵⁰⁸⁾

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 2, eff. Sept. 1, 1997. ⁽²⁵⁰⁹⁾

Sec. 68.034. QUALIFICATIONS FOR CERTIFICATE. ⁽²⁵¹⁰⁾(1-click HTML)

To be eligible for a certificate as a deputy branch pilot, a person must: ⁽²⁵¹¹⁾

(6) possess the requisite skill to perform competently and safely the duties of a deputy branch pilot. ⁽²⁵¹⁷⁾

Sec. 68.035. APPLICATION FOR LICENSE OR CERTIFICATE. ⁽²⁵¹⁹⁾(1-click HTML)

(a) To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule. ⁽²⁵²⁰⁾

(b) The board may require an applicant to include with an application: ⁽²⁵²¹⁾

(1) a certification by a medical doctor, dated not earlier than the 15th day before the date of the application, stating that in the doctor's opinion the applicant on the date of the certification possesses the mental and physical health necessary to perform competently and safely the duties of a branch pilot or deputy branch pilot, as applicable; or ⁽²⁵²²⁾

(2) a certification by a medical doctor, dated not earlier than the 15th day before the date the application is filed, certifying that the applicant's body on the date of the certification is free of evidence of the presence of illegal drugs or chemicals. ⁽²⁵²³⁾

Sec. 68.036. CONSIDERATION OF APPLICATION. ⁽²⁵²⁵⁾(1-click HTML)

(c) The board may not disapprove an application for certification as a deputy branch pilot made by a person who has a written recommendation for the certification from a branch pilot unless the board, after notice to the applicant, has provided the applicant a hearing on the applicant's qualifications. ⁽²⁵²⁸⁾

Sec. 68.037. BRANCH PILOT APPOINTMENT BY GOVERNOR. ⁽²⁵³⁰⁾(1-click HTML)

(a) On filing of the bond and oath required by Section 68.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified. ⁽²⁵³¹⁾

(c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for each Brazoria County port. ⁽²⁵³³⁾

Sec. 68.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT. ⁽²⁵³⁵⁾(1-click HTML)

(a) Each branch pilot may appoint, subject to examination and approval by the board, two deputy branch pilots. ⁽²⁵³⁶⁾

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable. ⁽²⁵³⁷⁾

(c) The board may not approve an appointment if the appointee is related to the branch pilot within the second degree by affinity or within the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, unless each member of the Brazos Pilots Association recommends the appointment in writing. ⁽²⁵³⁸⁾

(d) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot. ⁽²⁵³⁹⁾

Sec. 68.039. OATH; BOND. ⁽²⁵⁴¹⁾(1-click HTML)

(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). ⁽²⁵⁴²⁾

Sec. 68.040. TERMS OF LICENSES AND CERTIFICATES. ⁽²⁵⁴⁶⁾(1-click HTML)

(b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed. ⁽²⁵⁴⁸⁾

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 3, eff. Sept. 1, 1997. ⁽²⁵⁴⁹⁾

Sec. 68.041. BRANCH PILOT'S LICENSE RENEWAL. ⁽²⁵⁵⁰⁾(1-click HTML)

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. ⁽²⁵⁵¹⁾

(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. ⁽²⁵⁵²⁾

(1) does not possess a qualification required by this chapter for pilots; or ⁽²⁵⁵⁴⁾

(2) has a disability that will affect the license holder's ability to serve as a pilot. ⁽²⁵⁵⁵⁾

(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: ⁽²⁵⁵⁸⁾

(1) the pilot does not contest the board's decision not to renew the license; or ⁽²⁵⁵⁹⁾

(2) the board after a hearing finds that it has probable cause not to renew the license. ⁽²⁵⁶⁰⁾

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed. ⁽²⁵⁶¹⁾

Sec. 68.042. DEPUTY BRANCH PILOT. ⁽²⁵⁶³⁾(1-click HTML)

Sec. 68.043. HEALTH AND DRUG CERTIFICATION. ⁽²⁵⁶⁶⁾(1-click HTML)

(a) The board may require that certification under Section 68.035(b)(1) be executed annually. ⁽²⁵⁶⁷⁾

(b) The board randomly from time to time may require a branch pilot or deputy branch pilot to provide the board with certification by a medical doctor that on the date of the certification the body of the pilot is free of evidence of the presence of illegal drugs or chemicals. ⁽²⁵⁶⁸⁾

Sec. 68.044. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE. ⁽²⁵⁷⁰⁾(1-click HTML)

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter; ⁽²⁵⁷²⁾

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently; ⁽²⁵⁷⁴⁾

(4) violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot's duties at the time of the violation; ⁽²⁵⁷⁵⁾

(5) made a material misstatement in the application for a license; ⁽²⁵⁷⁶⁾

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation; ⁽²⁵⁷⁷⁾

(7) charged a pilotage rate other than that approved by the board; ⁽²⁵⁷⁸⁾

(8) intentionally refused to pilot 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; ⁽²⁵⁷⁹⁾

(9) been absent from duty in violation of board rules and without authorization; ⁽²⁵⁸⁰⁾

(10) aided or abetted another pilot in failing to perform the other pilot's duties; or ⁽²⁵⁸¹⁾

(11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty. ⁽²⁵⁸²⁾

(b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and: ⁽²⁵⁸³⁾

(e) The board shall immediately give notice to the Brazos Pilots Association, by certified mail, of a revocation or suspension under this section. ⁽²⁵⁸⁸⁾

Sec. 68.045. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. ⁽²⁵⁹⁰⁾(1-click HTML)

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 suspension or revocation of a branch pilot's license by Section 68.044. ⁽²⁵⁹¹⁾

Sec. 68.046. LIABILITY TO PILOT. ⁽²⁵⁹³⁾(1-click HTML)

Texas Laws - Transportation CodeSubtitle B. PilotsInjury

SUBTITLE B. PILOTS (1604)(1-click HTML)

CHAPTER 61. COMPULSORY PILOTAGE (1605)(1-click HTML)

Sec. 61.001. SHORT TITLE. (1606)(1-click HTML)

Sec. 61.002. DEFINITIONS. (1609)(1-click HTML)

Sec. 61.003. DUTY TO ENGAGE PILOT. (1619)(1-click HTML)

Sec. 61.004. PAYMENT FOR PILOT. (1628)(1-click HTML)

Sec. 61.005. PILOT OPTIONAL. (1631)(1-click HTML)

Sec. 61.006. BOARD JURISDICTION. (1634)(1-click HTML)

Sec. 61.007. ATTORNEY GENERAL. (1637)(1-click HTML)

Sec. 61.008. LIABILITY TO PILOT. (1640)(1-click HTML)

Sec. 61.009. LIABILITY TO BOARD. (1645)(1-click HTML)

Sec. 61.010. COOPERATION. (1650)(1-click HTML)

Sec. 61.011. CERTAIN UNITED STATES LICENSE REQUIRED; OFFENSE. (1653)(1-click HTML)

CHAPTER 62. NAVIGATION DISTRICT PILOT BOARDS (1657)(1-click HTML)

Sec. 62.001. DEFINITION. (1658)(1-click HTML)

SUBCHAPTER B. PILOT BOARDS OF NAVIGATION DISTRICTS (1664)(1-click HTML)

SUBCHAPTER C. REGULATION OF BRANCH AND DEPUTY PILOTS (1684)(1-click HTML)

SUBCHAPTER D. PILOTAGE CHARGES AND LIABILITY (1714)(1-click HTML)

CHAPTER 63. PILOT BOARDS (1747)(1-click HTML)

SUBCHAPTER A. PILOT BOARDS AND COMMITTEES (1748)(1-click HTML)

SUBCHAPTER B. PROVISIONAL PILOT COMMITTEES (1783)(1-click HTML)

SUBCHAPTER C. BRANCH PILOTS AND DEPUTY PILOTS (1791)(1-click HTML)

CHAPTER 64. RATES OF PILOTAGE (1829)(1-click HTML)

Sec. 64.001. DEFINITION. (1830)(1-click HTML)

Sec. 64.002. PILOTAGE RATE. (1838)(1-click HTML)

Sec. 64.003. PILOTAGE LIABILITY. (1846)(1-click HTML)

Sec. 64.004. SUIT TO RECOVER PILOT FEES. (1858)(1-click HTML)

Sec. 64.005. EXEMPTIONS FROM PILOTAGE CHARGES. (1861)(1-click HTML)

Sec. 64.006. UNAUTHORIZED PILOT; LIABILITY. (1864)(1-click HTML)

CHAPTER 65. PILOTS FOR MATAGORDA AND LAVACA BAYS (1868)(1-click HTML)

Sec. 65.001. PILOTS FOR MATAGORDA AND LAVACA BAYS. (1869)(1-click HTML)

Sec. 65.002. PROVISIONS FOR BRANCH PILOTS APPLICABLE. (1876)(1-click HTML)

Sec. 65.003. LIABILITY OF PERSONS OTHER THAN LICENSED PILOTS OR DEPUTIES FOR PILOTAGE. (1879)(1-click HTML)

CHAPTER 66. HOUSTON PILOTS LICENSING AND REGULATORY ACT (1883)(1-click HTML)

Sec. 66.001. SHORT TITLE. (1884)(1-click HTML)

Sec. 66.002. DEFINITIONS. (1887)(1-click HTML)

Sec. 66.003. APPLICABILITY OF CHAPTER. (1897)(1-click HTML)

SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS (1900)(1-click HTML)

SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES (1951)(1-click HTML)

SUBCHAPTER D. PILOTAGE RATES (2052)(1-click HTML)

SUBCHAPTER E. PILOT LIABILITY (2128)(1-click HTML)

CHAPTER 67. GALVESTON COUNTY PILOTS LICENSING AND REGULATORY ACT (2150)(1-click HTML)

Sec. 67.001. SHORT TITLE. (2151)(1-click HTML)

Sec. 67.002. DEFINITIONS. (2154)(1-click HTML)

Sec. 67.003. APPLICABILITY OF CHAPTER. (2164)(1-click HTML)

Sec. 67.011. BOARD. (2168)(1-click HTML)

Sec. 67.012. PROHIBITED INTEREST. (2171)(1-click HTML)

Sec. 67.013. OATH. (2174)(1-click HTML)

Sec. 67.014. TERM OF OFFICE. (2177)(1-click HTML)

Sec. 67.015. JURISDICTION. (2181)(1-click HTML)

Sec. 67.016. ADMINISTRATION; RULES. (2184)(1-click HTML)

Sec. 67.017. DUTIES. (2188)(1-click HTML)

Sec. 67.018. PILOT REVIEW BOARD. (2204)(1-click HTML)

Sec. 67.019. UNFAIR DISCRIMINATION PROHIBITED. (2207)(1-click HTML)

Sec. 67.020. OPEN MEETINGS LAW. (2211)(1-click HTML)

Sec. 67.021. RULE OR RATE CHANGE. (2214)(1-click HTML)

Sec. 67.022. JUDICIAL REVIEW. (2221)(1-click HTML)

Sec. 67.031. LICENSE OR CERTIFICATE REQUIRED. (2224)(1-click HTML)

Sec. 67.032. EXEMPTION. (2227)(1-click HTML)

Sec. 67.033. QUALIFICATIONS FOR LICENSE. (2230)(1-click HTML)

Sec. 67.034. QUALIFICATIONS FOR CERTIFICATE. (2242)(1-click HTML)

Sec. 67.035. APPLICATION FOR LICENSE OR CERTIFICATE. (2251)(1-click HTML)

Sec. 67.036. CONSIDERATION OF APPLICATION. (2254)(1-click HTML)

Sec. 67.037. BRANCH PILOT APPOINTMENT BY GOVERNOR. (2257)(1-click HTML)

Sec. 67.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT. (2262)(1-click HTML)

Sec. 67.039. OATH; BOND. (2267)(1-click HTML)

Sec. 67.040. TERMS OF LICENSES AND CERTIFICATES. (2272)(1-click HTML)

Sec. 67.041. BRANCH PILOT'S LICENSE RENEWAL. (2276)(1-click HTML)

Sec. 67.042. DEPUTY BRANCH PILOT. (2289)(1-click HTML)

Sec. 67.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE. (2292)(1-click HTML)

Sec. 67.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. (2311)(1-click HTML)

Sec. 67.045. LIABILITY TO PILOT. (2314)(1-click HTML)

Sec. 67.061. PILOTAGE RATE CHANGE. (2318)(1-click HTML)

Sec. 67.062. PILOTAGE RATE CHANGE APPLICATION. (2321)(1-click HTML)

Sec. 67.063. OBJECTION; HEARING. (2329)(1-click HTML)

Sec. 67.064. BOARD ACTION ON APPLICATION. (2338)(1-click HTML)

Sec. 67.065. PILOT FINANCIAL REPORT. (2342)(1-click HTML)

Sec. 67.066. FACTORS FOR BOARD CONSIDERATION. (2353)(1-click HTML)

Sec. 67.067. BOARD ACTION. (2362)(1-click HTML)

Texas Laws - Transportation Code
Subtitle B. Pilots
Injury