The text as introduced · 2,545 words
89R3871 AND-F
By: Hinojosa of Nueces
S.B. No. 1353
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of pilots in the
jurisdiction of the pilot board of a navigation district located in
Cameron County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 62, Transportation Code,
is amended by adding Section 62.002 to read as follows:
Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to a navigation district, pilot board, pilot, or vessel
described by Section 71.002.
SECTION 2. Subtitle B, Title 4, Transportation Code, is
amended by adding Chapter 71 to read as follows:
CHAPTER 71. CAMERON COUNTY PILOTS LICENSING AND REGULATORY ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 71.001. DEFINITIONS. In this chapter:
(1) "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.
(2) "Navigation district" means a navigation district
included in:
(A) Subchapters C, D, E, F, G, and H, Chapter 60,
Water Code;
(B) Subchapter E, Chapter 61, Water Code; or
(C) Sections 62.154 through 62.159, Water Code.
(3) "Pilot" means a person who is licensed as a branch
pilot or certified as a deputy branch pilot under this chapter.
(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.
(5) "Pilotage rate" means the remuneration a pilot may
charge a vessel for the pilot's services.
(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.
(7) "Vessel" means an oceangoing vessel.
Sec. 71.002. APPLICABILITY OF CHAPTER. This chapter
applies only to:
(1) a navigation district located in Cameron County;
(2) the pilot board of a navigation district located
in Cameron County;
(3) a pilot serving in the jurisdiction of the pilot
board of a navigation district located in Cameron County; and
(4) a vessel in water under the jurisdiction of the
pilot board of a navigation district located in Cameron County.
SUBCHAPTER B. PILOT BOARDS OF NAVIGATION DISTRICTS
IN CAMERON COUNTY
Sec. 71.051. PILOT BOARD; COMMISSIONERS OF PILOTS. (a) The
pilot board of a navigation district in Cameron County is composed
of that navigation district's navigation and canal commissioners.
(b) A member of the pilot board is a commissioner of pilots.
Sec. 71.052. TERM OF OFFICE. The term of office of a
commissioner of pilots of the pilot board of a navigation district
in Cameron County coincides with the person's term as a navigation
and canal commissioner of that navigation district.
Sec. 71.053. DISQUALIFICATION. A person may not be a
commissioner of pilots of the pilot board of a navigation district
in Cameron County if the person is engaged directly or indirectly
in:
(1) a towing business;
(2) a pilot boat business; or
(3) another business affected by or connected with the
performance of the duties of a commissioner of pilots.
Sec. 71.054. JURISDICTION. The pilot board of a navigation
district in Cameron County has exclusive jurisdiction over the
pilotage of a vessel between the Gulf of Mexico and a port of that
navigation district, including an intermediate stop or landing
place on a navigable stream in that navigation district.
Sec. 71.055. POWERS OF PILOT BOARDS. The pilot board of a
navigation district in Cameron County may:
(1) appoint, suspend, or dismiss a branch pilot or
deputy branch pilot of a port in that navigation district;
(2) establish pilotage rates for service in that
board's jurisdiction; and
(3) adopt and enforce rules consistent with this
chapter regarding the appointment, qualification, or regulation of
branch pilots or deputy branch pilots in that board's jurisdiction
as necessary to govern those pilots and properly operate that
district's ports.
SUBCHAPTER C. REGULATION OF BRANCH PILOTS
AND DEPUTY BRANCH PILOTS
Sec. 71.101. PILOT QUALIFICATIONS. The pilot board of a
navigation district in Cameron County shall examine and determine
the qualifications of each applicant for the position of branch
pilot or deputy branch pilot in that navigation district before
licensing the branch pilot or certifying the deputy branch pilot,
as applicable.
Sec. 71.102. QUALIFICATIONS FOR LICENSE AS BRANCH PILOT.
To be eligible for a license as a branch pilot in the jurisdiction
of the pilot board of a navigation district in Cameron County, a
person must:
(1) be at least 25 years of age;
(2) be a United States citizen;
(3) as of the date the license is issued, have resided
continuously in this state for at least one year;
(4) be licensed under federal law to act as a pilot on
vessels that navigate water on which the applicant will furnish
pilot services;
(5) have at least 30 months' service as a deputy branch
pilot or equivalent service piloting vessels on water in that
board's jurisdiction;
(6) have commanded or controlled the navigation of
vessels such as the person would pilot under the license;
(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;
(11) be selected for appointment by a branch pilot
licensed for water in that board's jurisdiction; and
(12) submit to the board written documentation from a
branch pilot licensed for water in that board's jurisdiction that
the person:
(A) has successfully completed a deputy branch
pilot training program approved by that board; and
(B) is recommended for licensing as a branch
pilot.
Sec. 71.103. QUALIFICATIONS FOR CERTIFICATE AS DEPUTY
BRANCH PILOT. To be eligible for a certificate as a deputy branch
pilot in the jurisdiction of the pilot board of a navigation
district in Cameron County, 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 to perform competently
and safely the duties of a deputy branch pilot; and
(7) be selected for appointment by a branch pilot
licensed for water in that board's jurisdiction.
Sec. 71.104. OATH; BOND. (a) A person appointed as a pilot
in the jurisdiction of the pilot board of a navigation district in
Cameron County must take the official oath before entering service
as a pilot under that board's jurisdiction. The oath shall be
endorsed on the bond required by Subsection (b).
(b) Each pilot in the jurisdiction of the pilot board of a
navigation district in Cameron County must execute a $5,000 bond
payable to the governor and conditioned on compliance with the
laws, rules, and orders relating to pilots and on the faithful
performance of the pilot's duties.
(c) Each bond must be approved by the applicable pilot board
and deposited in the office of the secretary of state.
Sec. 71.105. ISSUANCE OF BRANCH PILOT LICENSE. (a) On the
filing of the bond and the taking of the oath required by Section
71.104, a commissioner of pilots of the applicable pilot board
shall certify to the governor that the branch pilot has qualified.
(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 applicable pilot board.
Sec. 71.106. TERM OF BRANCH PILOT'S COMMISSION. (a) The
term of a branch pilot commission is four years.
(b) If the pilot board of a navigation district dismisses a
branch pilot from service in that board's jurisdiction, the branch
pilot's commission expires.
Sec. 71.107. APPOINTMENT OF DEPUTY BRANCH PILOT. (a) Only
a branch pilot licensed for water in the jurisdiction of the pilot
board of a navigation district in Cameron County may appoint a
deputy branch pilot to serve in that board's jurisdiction.
(b) A branch pilot serving in the jurisdiction of the pilot
board of a navigation district in Cameron County may appoint two
deputy branch pilots, subject to that board's examination and
approval.
(c) A branch pilot may appoint an additional deputy branch
pilot under this section if the applicable pilot board considers
the appointment advisable.
(d) A branch pilot who appoints a deputy branch pilot under
this section is responsible for the acts of the deputy branch pilot.
(e) A branch pilot who appoints a deputy branch pilot under
this section without the approval of the applicable pilot board
forfeits the pilot's appointment as a branch pilot.
Sec. 71.108. SUSPENSION OR DISMISSAL OF PILOT. The pilot
board of a navigation district in Cameron County may suspend or
dismiss a pilot only:
(1) for misconduct, inefficiency, or intoxication on
duty; and
(2) after a hearing on the accusation is held before
the pilot board at which there is opportunity for testimony and
defense.
SUBCHAPTER D. PILOTAGE CHARGES AND PILOTAGE RATE LIABILITY
Sec. 71.151. APPLICABILITY OF PILOTAGE CHARGES TO CERTAIN
VESSELS. (a) Pilotage charges under this chapter do not apply to:
(1) a vessel of 20 tons or less; or
(2) a vessel that is excepted by a federal statute or
regulation.
(b) Notwithstanding Subsection (a), pilotage charges under
this chapter apply to an autonomous vessel of any gross tonnage.
Sec. 71.152. PILOTAGE CHARGES. (a) A pilotage rate charged
by a pilot under this chapter must be fair and just.
(b) A pilot shall furnish a schedule of pilotage rates under
this chapter that must be on file at all times in the office of the
navigation district's commissioners.
(c) Each time a change in the pilotage rates charged by a
pilot under this chapter occurs, the pilot must file a revised
schedule.
(d) A pilot shall strictly follow the schedule of rates on
file in the office of the navigation district's commissioners.
Sec. 71.153. CONSIGNEE LIABILITY FOR PILOT SERVICES. The
consignee of a vessel is liable to a pilot for the pilotage of the
vessel under this chapter.
Sec. 71.154. LIABILITY OF CERTAIN VESSELS DECLINING PILOT
SERVICES. (a) A vessel that, without the aid of a pilot serving in
the jurisdiction of the pilot board of a navigation district in
Cameron County, moves or is otherwise under way on any channel or
waterway in that board's jurisdiction and that fails to use pilot
services available from pilots serving in that jurisdiction, is
liable for the payment of twice the applicable pilotage rate to the
first pilot serving in that jurisdiction who requests payment.
(b) The consignee of a vessel is responsible for the payment
for pilot services available but not used under Subsection (a).
Sec. 71.155. UNAUTHORIZED PILOT LIABILITY. A person, other
than a pilot, who provides pilot services to a vessel under way or
otherwise moving 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 in Cameron County is liable to
any pilot authorized to provide pilot services in the port,
channel, or waterway for a payment of twice the current rate that
would be charged under the pilot's schedule of pilotage rates for
the pilot services.
Sec. 71.156. RECOVERY OF PILOTAGE CHARGES. (a) A pilot may
bring an action to recover compensation for pilotage or services
offered, including:
(1) pilot services rendered in accordance with Section
71.152 to a vessel in the jurisdiction of the pilot board of a
navigation district in Cameron County;
(2) payment under Section 71.154 for pilot services
available but not used; and
(3) payment under Section 71.155 for unauthorized
pilot services.
(b) A pilot prevailing in an action brought under this
section to recover payment under Section 71.155 is entitled to
recover the pilot's court costs and reasonable attorney's fees.
SUBCHAPTER E. PILOT LIABILITY
Sec. 71.201. PURPOSE. The purpose of this subchapter is to:
(1) in the public interest, stimulate and preserve
maritime commerce on the pilotage grounds of this state by limiting
and regulating the liability of pilots; and
(2) maintain pilotage fees at reasonable amounts.
Sec. 71.202. PILOT LIABILITY. A pilot serving in the
jurisdiction of the pilot board of a navigation district in Cameron
County is not liable directly or as a member of an organization of
pilots for any claim that:
(1) arises from an act or omission of another pilot or
organization of pilots; and
(2) relates directly or indirectly to pilot services.
Sec. 71.203. PILOT LIABILITY LIMITED. (a) A pilot
providing pilot services in the jurisdiction of the pilot board of a
navigation district in Cameron County 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 and for which no other
person or vessel in rem is jointly or severally liable;
(2) liability for exemplary damages for gross
negligence of the pilot and for which no other person or vessel in
rem is jointly or severally liable; or
(3) an act or omission relating to the ownership and
operation of a pilot boat unless the pilot boat is directly involved
in pilot services other than the transportation of pilots.
(c) This section does not exempt a vessel or its owner or
operator from liability for damage or loss caused by the vessel to a
person or property on the grounds that:
(1) the vessel was piloted by a pilot; or
(2) the damage or loss was caused by the error,
omission, fault, or neglect of a pilot.
(d) In an action brought against a pilot for an act or
omission for which liability is limited as provided by this section
and in which other claims are made or anticipated with respect to
the same act or omission, the court shall dismiss the proceedings as
to the pilot to the extent the pleadings allege pilot liability that
exceeds $1,000.
SECTION 3. (a) Section 71.202, Transportation Code, as
added by this Act, applies only to an act or omission that occurs on
or after the effective date of this Act. An act or omission that
occurs before the effective date of this Act is governed by the law
in effect on the date the act or omission occurred, and the former
law is continued in effect for that purpose.
(b) Section 71.203, Transportation Code, as added by this
Act, applies only to an action commenced on or after the effective
date of this Act. An action commenced before the effective date of
this Act is governed by the law applicable to the action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.
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