CHAPTER 69. JEFFERSON AND ORANGE COUNTY PILOTS LICENSING AND REGULATORY ACT

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-4-navigation > Chapter-69-jefferson-and-orange-county-pilots-licensing-and-regulatory-act

TRANSPORTATION CODE

TITLE 4. NAVIGATION

SUBTITLE B. PILOTS

CHAPTER 69. JEFFERSON AND ORANGE COUNTY PILOTS LICENSING AND

REGULATORY ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 69.001. SHORT TITLE. This chapter may be cited as the

Jefferson and Orange County Pilots Licensing and Regulatory Act.

Amended by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.002. DEFINITIONS. In this chapter:

(1) "Board" means the board of pilot commissioners described by

Section 69.011.

(2) "Consignee" means a person, including a master, owner,

agent, subagent, firm, or corporation or any combination of those

persons, who enters or clears a vessel at the office of the

collector of customs.

(3) "Jefferson or Orange County port" means a place in Jefferson

or Orange County into which a vessel enters or from which a

vessel departs and the waterway leading to that place from the

Gulf of Mexico.

(4) "Pilot" means a person who is licensed as a branch pilot or

certified as a deputy branch pilot under this chapter.

(5) "Pilotage rate" means the remuneration a pilot may lawfully

charge a vessel for pilot services.

(6) "Pilot services" means acts of a pilot in conducting a

vessel through navigable water in this state and the ports in

which the pilot is licensed or certified as a pilot.

(7) "Vessel" means an oceangoing vessel.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.003. APPLICABILITY OF CHAPTER. This chapter applies

only to a Jefferson or Orange County port.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS

Sec. 69.011. COMPOSITION OF BOARD. (a) The board of pilot

commissioners for all of the ports and private terminals located

in Jefferson or Orange County, or both, is composed of five

commissioners from Jefferson or Orange County appointed by the

governor in the manner provided by Subchapter A, Chapter 63.

(b) The presiding officer of the board shall be selected by the

members of the board.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.012. PROHIBITED INTEREST. A person may not be a member

of the board if the person has a direct or indirect pecuniary

interest in a pilot boat or branch pilot in the business of the

board's trust.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.013. OATH. Before beginning service as a board member,

each board member must take and sign before a person authorized

to administer oaths an oath to faithfully and impartially

discharge the duties of the office.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.014. TERMS OF OFFICE. (a) Board members serve

staggered two-year terms of office.

(b) A member holds office until the member's successor is

appointed and qualified.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.015. JURISDICTION OF BOARD. The board has exclusive

jurisdiction over the pilot services provided in Jefferson or

Orange County, including intermediate stops and landing places

for vessels on navigable streams wholly or partially located in

the board's jurisdiction.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.016. ADMINISTRATION; RULES. (a) The board shall

administer this chapter and may perform any act or function

necessary to carry out its powers and duties under this chapter.

(b) The board may adopt rules to carry out this chapter.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.017. DUTIES. (a) The board shall:

(1) establish the number of pilots necessary to provide adequate

pilot services for each Jefferson or Orange County port;

(2) establish pilotage rates;

(3) hear and determine complaints relating to the conduct of

pilots;

(4) make recommendations to the governor concerning any pilot

whose license or certificate should not be renewed or should be

revoked;

(5) adopt rules and issue orders to pilots and vessels when

necessary to secure efficient pilot services;

(6) institute investigations or hearings or both to consider

casualties, accidents, or other actions that violate this

chapter;

(7) provide penalties to be imposed on a person who is not a

pilot for a Jefferson or Orange County port and who pilots a

vessel into or out of the port if the person offered pilot

services to the vessel;

(8) establish times during which pilot services will be

available;

(9) accept applications for pilot licenses and certificates and

determine whether each applicant meets the qualifications for a

pilot;

(10) submit to the governor the names of persons who have

qualified under this chapter to be appointed as branch pilots;

and

(11) approve any changes of the locations of pilot stations.

(b) The board may:

(1) recommend the number of deputy pilots each branch pilot may

appoint under Section 69.038; and

(2) make any other provision for proper, safe, and efficient

pilotage under this chapter and for the efficient administration

of this chapter.

(1) the actual costs the board considers fair and just incurred

in connection with hearings against any applicant or objecting

party; and

(2) other expenses that are necessary and proper to enable the

board to effectively carry out the purposes and requirements of

this chapter, including processing of applications for pilot

licenses and certificates, establishing pilotage, determining and

approving the locations for pilot stations, establishing times

during which pilot services will be available, hearing and ruling

on complaints relating to the conduct of pilots, adopting rules

and issuing orders to pilots or vessels when necessary to secure

efficient pilot services, instituting investigations or hearings

to consider casualties, accidents, or other actions that violate

this chapter, making of any provision for proper, safe, and

efficient pilotage, and funding general administrative expenses

associated with the operation of the board.

(d) Assessments against the users of pilot services under

Subsection (c) may not exceed $100,000 in a fiscal year.

(e) Funds collected under this section may not be used for

compensation to any member of the board.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.018. UNFAIR DISCRIMINATION PROHIBITED. (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.

(b) A person seeking a remedy for a violation of this section

must bring suit in a district court in Jefferson County.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.019. OPEN MEETINGS LAW. Chapter 551, Government Code,

applies to actions and proceedings under this chapter.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.020. RULE OR RATE CHANGE. (a) The board shall give at

least 10 days' notice as provided by this section before the

board adopts a rule or changes a pilotage rate.

(b) The board shall send the notice and a copy of the proposed

rule or change by registered mail to the last known address of:

(1) all known pilots association offices;

(2) all pilots licensed or certified in the port;

(3) all steamship agencies and associations in the port; and

(4) all known users of pilot services for the previous 12

months.

at the county courthouse of Jefferson County and of Orange

County, as well as the subcourthouse in Port Arthur, for public

inspection.

(d) The board shall publish a copy of the proposed rule or

change in a newspaper of general circulation in Jefferson and

Orange Counties.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.021. CONTESTED CASE NOTICE. The board shall give notice

in each contested case to the persons and in the manner provided

by Section 69.020(b) that includes the same information as the

notice given to the parties in each contested case.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.022. JUDICIAL REVIEW. Proceedings for judicial review

of a board decision shall be brought in a district court in

Jefferson County.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.023. BUDGET; ANNUAL REPORT; AUDITS. (a) The board

shall adopt a budget not later than the 45th day before the start

of a fiscal year. The budget may be adopted only after a public

meeting has been held to explain the budget.

(b) Accounts of the board are subject to audit by the state

auditor.

and records that clearly reflect all acts and transactions of the

board. The board shall open its records to examination by any

person during regular business hours.

(d) Not later than the 30th day after the end of a fiscal year,

the board shall submit to the governor a report itemizing all

income and expenditures and describing all activities of the

board during the previous fiscal year.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.024. DEPOSITORY BANK; EXPENDITURE OF FUNDS. The board

shall deposit all money received by the board under this chapter,

including assessments and grants from governmental agencies, in a

bank located in Jefferson or Orange County and selected by the

board.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES

Sec. 69.031. LICENSES OR CERTIFICATE REQUIRED. A person may not

provide pilot services unless the person has a license or

certificate issued under this chapter for the Jefferson and

Orange County ports in which the pilot services are to be

provided.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.032. EXEMPTIONS. The requirement to use a pilot does

not apply to:

(1) a vessel sailing under enrollment, or licensed or engaged in

the coasting trade between Texas ports or between any Texas port

and any other port of the United States; or

(2) a vessel exempt under federal law from payment of state

pilotage rates.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.033. QUALIFICATIONS FOR LICENSE. To be eligible for a

license as a branch pilot for the ports within the jurisdiction

of the board, a person must:

(1) be at least 25 years of age and younger than 68 years of age

unless exempted under the provisions of Section 69.040(b);

(2) be a United States citizen;

(3) as of the date the license is issued, have resided

continuously in this state for at least two years;

(4) have at least one year's service as a deputy branch pilot or

equivalent service piloting vessels of at least 5,000 gross tons

within the board's jurisdiction;

(5) have successfully completed the board-approved training

program;

(6) have commanded or controlled the navigation of vessels such

as the person would pilot;

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

vessels;

(8) be in good mental and physical health;

(9) have good moral character;

(10) possess the requisite skill as a navigator and pilot to

perform competently and safely the duties of a branch pilot; and

(11) hold a license under federal law to act as a pilot on

vessels that navigate water on which the applicant will furnish

pilot services.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.034. QUALIFICATIONS FOR CERTIFICATE. To be eligible for

a certificate as a deputy branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) hold a license under federal law to act as a pilot on

vessels that navigate water on which the applicant will furnish

pilot services;

(4) be in good mental and physical health;

(5) have good moral character;

(6) possess the requisite skill as a navigator and pilot to

perform competently and safely the duties of a deputy branch

pilot; and

(7) successfully complete the board-approved apprenticeship

training program.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.035. APPLICATION FOR LICENSE OR CERTIFICATE. To apply

for a branch pilot's license or a deputy branch pilot's

certificate, a person must give the board a written application

in the form and manner required by board rule.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.036. CONSIDERATION OF APPLICATION. (a) The board shall

carefully consider each application submitted under Section

69.035 and shall conduct any investigation it considers necessary

to determine whether an applicant is qualified for a license or

certificate.

(b) As part of its consideration under Subsection (a), the board

may develop and administer standardized examinations to determine

an applicant's knowledge of piloting, management of vessels, and

the waterways in the board's jurisdiction.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.037. BRANCH PILOT APPOINTMENT BY GOVERNOR. (a) On

filing of the bond and oath required by Section 69.039, the board

shall certify to the governor that a person licensed as a branch

pilot has qualified.

(b) On receipt of the board's certification, the governor shall

issue to the person, in the name of the state and under the state

seal, a commission to serve as a branch pilot to and from

Jefferson and Orange County ports.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

(a) Each branch pilot, subject to examination and approval of

the board, may appoint two deputy branch pilots.

(b) A branch pilot may appoint an additional deputy branch pilot

if the board considers the appointment advisable.

the approval of the board forfeits the pilot's appointment as a

branch pilot.

(d) A branch pilot who appoints a deputy branch pilot is

responsible for the actions of the deputy branch pilot.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.039. OATH AND BOND. (a) A person appointed as a pilot

must take the official oath before entering service as a pilot.

The oath shall be endorsed on the bond required by Subsection

(b).

(b) Each pilot must execute a $25,000 bond payable to the

governor and conditioned on compliance with the laws, rules, and

orders relating to pilots and on the faithful performance of the

pilot's duties.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.040. TERMS OF LICENSES AND CERTIFICATES. (a) A branch

pilot's license expires on the earlier of:

(1) the fourth anniversary of the date it is issued or renewed;

(2) the license holder's 68th birthday.

(b) Subsection (a)(2) does not apply to a person who is a branch

pilot serving a port covered under this chapter on the effective

date of this chapter or who reaches his or her 68th birthday

within one year after the effective date of this chapter.

anniversary of the date it is issued and may not be renewed.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.041. BRANCH PILOT'S LICENSE RENEWAL. (a) The governor

shall renew a branch pilot's expiring license if the board

recommends renewal.

(b) If a pilot applies in writing and qualifies, the board shall

recommend renewal unless the board determines there is probable

cause not to renew the license.

finds that the license holder:

(1) does not possess a qualification required by this chapter

for pilots; or

(2) has a disability that will affect the license holder's

ability to serve as a pilot.

(d) If the board determines that it has probable cause not to

renew a license, the board shall notify the license holder not

later than the 60th day before the date the license expires. On

request, the board shall provide a hearing after proper notice to

consider whether the board has cause not to recommend renewal of

the license.

(e) If the board finds at the conclusion of the hearing that the

board lacks probable cause for nonrenewal of the license, the

board shall recommend that the governor renew the license.

(f) The board shall issue a written order recommending that the

governor not renew a license and the governor may not renew the

license if:

(1) the pilot does not contest the board's decision not to renew

the license; or

(2) the board after a hearing finds that it has probable cause

not to renew the license.

(g) The denial of renewal of a pilot's license does not prohibit

the pilot from applying for a new license and being reappointed.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.042. DEPUTY BRANCH PILOT. A person who has been issued

a deputy branch pilot's certificate may not be issued a deputy

branch pilot's certificate before the fifth anniversary of the

date the person was previously issued a deputy branch pilot's

certificate.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

(a) On complaint or on its own motion, and after notice and

hearing, the board may suspend a branch pilot's license for not

more than six months or recommend that the governor revoke a

branch pilot's license if the board finds that the pilot has:

(1) failed to demonstrate and maintain the qualifications for a

license required by this chapter;

(2) used narcotics or other types of drugs, chemicals, or

controlled substances as defined by law that impair the pilot's

ability to perform the pilot's duties skillfully and efficiently;

(3) used alcohol to an extent that impairs the pilot's ability

to perform the pilot's duties skillfully and efficiently;

(4) violated a provision of this chapter or rules adopted by the

board under this chapter;

(5) made a material misstatement in the application for a

license;

(6) obtained or attempted to obtain a license under this chapter

by fraud or misrepresentation;

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

board;

(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;

(9) been absent from duty in violation of board rules and

without authorization;

(10) aided or abetted another pilot in failing to perform the

other pilot's duties;

(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;

(12) intentionally failed to comply with an order of the board;

(13) intentionally caused damage to a vessel.

(b) On determining that a license should be suspended or

revoked, the board shall adopt a written order that states its

findings and:

(1) suspends the license for a stated period; or

(2) recommends to the governor revocation of the license.

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.

(d) The governor, on receipt of a board order recommending

revocation of a license, shall revoke the license.

(e) 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.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S

CERTIFICATE. A deputy branch pilot's certificate may be

suspended or revoked by the board in the same manner and for the

same reasons as provided for the suspension or revocation of a

branch pilot's license by Section 69.043.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.045. LIABILITY TO PILOT. (a) A person who is not a

pilot and who, in violation of this chapter, pilots a vessel and

the consignee of the vessel are liable to a pilot, on written

demand, for the amount of the applicable pilotage rate.

(b) In an action to recover compensation under Subsection (a),

the court may include in a judgment in favor of a pilot an award

of court costs and reasonable attorney's fees.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

SUBCHAPTER D. PILOTAGE RATES

Sec. 69.061. PILOTAGE RATE CHANGE. The board may not change

pilotage rates before the first anniversary of the preceding rate

change.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.062. PILOTAGE RATE CHANGE APPLICATION. (a) An

application for a change in a pilotage rate may be filed with

each commissioner of the board by:

(1) a pilot;

(2) an association of pilots;

(3) a consignee liable under Section 69.070 to pay pilotage

rates;

(4) an association of consignees; or

(5) a party financially responsible for the payment of pilot

services.

(b) The application must be written and must state specifically

the changes requested.

receipt of an application. The hearing may not be set for a day

earlier than the 20th day or later than the 40th day after the

date the board sets the hearing.

(d) An applicant shall give notice of the application and the

hearing date, by certified mail to the last known address, to:

(1) all pilots licensed or certified in the port;

(2) all known pilots associations or consignees;

(3) all steamship agencies and associations in the port;

(4) each Jefferson and Orange County port; and

(5) all known users of pilot service within the past 12 months.

(e) The board may not increase pilotage rates for the public

ports of Beaumont, Port Arthur, or Orange unless the affected

board of commissioners approves the increase.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.063. PILOT FINANCIAL REPORT. (a) Not later than the

10th day before the date set for a pilotage rate hearing, the

pilots who are licensed or certified to serve the port for which

the rates are being considered shall submit in writing to the

board and to any party designated by the board complete accounts

of:

(1) all amounts received from performance of pilot services

within the board's jurisdiction organized by categories or

classifications of rates, if rates are set in that manner;

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

service;

(3) all expenses incurred in connection with pilotage activities

within the board's jurisdiction; and

(4) estimates of receipts and expenses anticipated to result

from the requested changes in pilotage rates.

(b) The pilots shall provide the information for:

(1) the calendar or fiscal year preceding the date of the

pilotage rate change application; and

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

application.

information submitted under Subsection (a) by an accountant

selected by the board. The board, as it considers fair and just,

shall assess the costs of the audit against one or more of the

applicants and objecting parties.

(d) The board may require relevant additional information it

considers necessary to determine a proper pilotage rate.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.064. FACTORS FOR BOARD CONSIDERATION. In acting on a

pilotage rate change application, the board shall consider:

(1) characteristics of vessels to be piloted;

(2) the public interest in maintaining safe, efficient, and

reliable pilot services;

(3) the average number of hours spent by a pilot in performing

all pilot services and pilot services onboard vessels;

(4) costs to pilots to provide the required pilot services;

(5) economic factors affecting the shipping industry in the area

in which the port is located;

(6) the average wages of masters of United States flag vessels;

(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 pilot duties; and

(8) the relationship between pilotage rates in Jefferson or

Orange County ports and the rates applicable in other ports of

this state and in competitive ports in other states bordering the

Gulf of Mexico.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.065. RATE DECISION. Not later than the 10th day after

the date of the completion of a hearing on an application for a

change in pilotage rates, the board shall issue a written

decision that:

(1) grants or denies the application wholly or partly;

(2) states the reasons for the decision; and

(3) states each new pilotage rate.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.066. COSTS. The board, in a final order under this

subchapter, may charge all or part of the costs of processing an

application to the parties in the proceedings.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.067. APPEAL OF BOARD DECISION. Any party aggrieved by a

board decision on pilotage rates, after exhausting all

administrative remedies, may appeal the order to a court.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.068. EMERGENCY PILOTAGE RATES. (a) The board may

establish emergency pilotage rates for the period of an

emergency, not to exceed 30 days, if the board finds that:

(1) a natural or man-made disaster has created a substantial

hazard to piloting vessels into and out of a port; and

(2) the existence of the hazard overrides the necessity to

comply with normal pilotage rate-setting procedures.

(b) In adopting emergency pilotage rates, the board is not

required to comply with the procedures in this chapter and in its

rules relating to the adoption of pilotage rates.

(d) The board shall adopt rules to carry out this section.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.069. PILOT SERVICES REQUIRED. The consignee of a vessel

under the consignee's control shall obtain pilot services for the

vessel and shall pay the pilot who pilots the vessel into and out

of the port area compensation according to the pilotage rates

filed by the board.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.070. PILOTAGE RATE LIABILITY. (a) A consignee who

declines the services of a pilot offered outside the bar and

enters the port without the aid of a pilot is liable for the

payment of pilotage to the first pilot whose services were

declined.

(b) A consignee is liable for the payment of pilotage to the

pilot who brings a vessel in if the vessel goes out without

employing a pilot.

vessel that goes out without the aid of a pilot and that came in

without the aid of a pilot to the pilot who first offered

services before the vessel came in.

(d) A consignee is not liable for the payment of pilotage for a

vessel going out without a pilot if the vessel came in without

the aid of a pilot or came in without the offer of a pilot

outside.

(e) Subsections (a)-(d) do not apply to a consignee exempt under

this chapter from payment of pilotage rates.

(f) A pilot who charges a 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.

(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.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.071. RECOVERY OF COMPENSATION. A pilot who offers pilot

services to a vessel required under this chapter to obtain pilot

services and whose services are refused is entitled to recover

from the consignee the pilotage rate for the services.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

SUBCHAPTER E. PILOT LIABILITY

Sec. 69.081. PURPOSE. The purpose of this subchapter is to:

(1) in the public interest, stimulate and preserve maritime

commerce on the pilotage grounds of this state by limiting and

regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable levels.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.082. PILOT LIABILITY. A pilot is not liable directly or

as a member of an organization of pilots for a claim that:

(1) arises from an act or omission of another pilot or

organization of pilots; and

(2) relates directly or indirectly to pilot services.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

Sec. 69.083. PILOT LIABILITY LIMITED. (a) A pilot providing

pilot services is not liable for more than $1,000 for damage or

loss caused by the pilot's error, omission, fault, or neglect in

the performance of the pilot services, except as provided by

Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful misconduct

or gross negligence of the pilot;

(2) liability for exemplary damages for gross negligence of the

pilot and for which no other person is jointly or severally

liable; or

(3) an act or omission related 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.

operator from liability for damage or loss caused by the vessel

to a person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error, omission, fault,

or neglect of a pilot.

(d) In an action brought against a pilot for an act or omission

for which liability is limited as provided by this section and in

which other claims are made or anticipated with respect to the

same act or omission, the court shall dismiss the proceedings as

to the pilot to the extent the pleadings allege pilot liability

that exceeds $1,000.

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20,

2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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