TRANSPORTATION CODE
CHAPTER 68. BRAZORIA COUNTY PILOTS LICENSING AND REGULATORY ACT
SUBCHAPTER A. GENERAL PROVISIONS
§ 68.001. SHORT TITLE. This chapter may be cited as the
Brazoria County Pilots Licensing and Regulatory Act.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.002. DEFINITIONS. In this chapter:
(1) "Board" means the board of pilot commissioners for
Brazoria County ports.
(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.
(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.
(4) "Pilot" means a person who is licensed and
commissioned 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 the pilot's services.
(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.
(7) "Vessel" means an oceangoing vessel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.003. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a Brazoria County port.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.004. VENUE. A suit to enforce a claim, right, or
cause of action provided by this chapter shall be brought in
Brazoria County.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS
§ 68.011. BOARD. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.012. PROHIBITED INTEREST. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.013. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.014. TERM OF OFFICE. A board member serves a term
of office that coincides with the member's term as a navigation and
canal commissioner.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.015. JURISDICTION. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.016. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.017. DUTIES. The board shall:
(1) recommend to the governor the number of pilots
necessary to provide adequate pilot services for each Brazoria
County port;
(2) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(3) provide the names of all qualified applicants for
certificates to the Brazos Pilots Association;
(4) submit to the governor the names of persons who
have qualified under this chapter to be commissioned as branch
pilots;
(5) establish pilotage rates;
(6) approve the locations for pilot stations;
(7) establish times during which pilot services will
be available;
(8) hear and determine complaints relating to the
conduct of pilots;
(9) recommend to the governor each pilot whose license
or certificate should not be renewed or should be revoked;
(10) adopt rules and issue orders to pilots or vessels
when necessary to secure efficient pilot services;
(11) institute investigations or hearings or both to
consider casualties, accidents, or other actions that violate this
chapter;
(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
(13) approve a training program for deputy branch
pilots.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.018. PILOT REVIEW BOARD. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.019. UNFAIR DISCRIMINATION PROHIBITED. (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.
(b) A person seeking a remedy for a violation of this
section must bring suit in a district court in Brazoria County.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.020. OPEN MEETINGS LAW. Chapter 551, Government
Code, applies to actions and proceedings under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.021. 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 mail the notice and a copy of the
proposed rule or change by registered mail to:
(1) each Brazos Pilots Association office; and
(2) all known consignees and all known associations of
consignees operating in Brazoria County.
(c) The board shall post a copy of the proposed rule or
change at the county courthouse for public inspection.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.022. JUDICIAL REVIEW. Proceedings for judicial
review of a board decision shall be brought in a district court in
Brazoria County.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES
§ 68.031. LICENSE OR CERTIFICATE REQUIRED. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.032. EXEMPTION. The requirement to use a pilot
does not apply to a vessel exempt under federal law from payment of
state pilotage rates.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.033. QUALIFICATIONS FOR LICENSE. To be eligible
for a license as a branch pilot, a person must:
(1) be at least 25 years of age and less than 68 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 two years;
(4) have at least two years' service as a deputy branch
pilot and have successfully completed the board-approved training
program;
(5) have controlled the navigation of vessels such as
the person would pilot;
(6) have extensive experience in the docking and
undocking of vessels;
(7) be licensed under federal law to act as a pilot on
vessels that navigate water on which the applicant will furnish
pilot services;
(8) be in good mental and physical health;
(9) have good moral character; and
(10) possess the requisite skill as a navigator and
pilot to perform competently and safely the duties of a branch
pilot.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 359, § 2, eff. Sept. 1, 1997.
§ 68.034. 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) be appointed by a branch pilot;
(4) be in good mental and physical health;
(5) have good moral character; and
(6) possess the requisite skill to perform competently
and safely the duties of a deputy branch pilot.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.035. APPLICATION FOR LICENSE OR
CERTIFICATE. (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.
(b) The board may require an applicant to include with an
application:
(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
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.036. CONSIDERATION OF APPLICATION. (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.
(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.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.037. BRANCH PILOT APPOINTMENT BY
GOVERNOR. (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.
(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
Brazoria County ports.
(c) The governor shall appoint the number of branch pilots
necessary to provide adequate pilot services for each Brazoria
County port.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH
PILOT. (a) Each branch pilot may appoint, subject to examination
and approval by the board, two deputy branch pilots.
(b) A branch pilot may appoint an additional deputy branch
pilot if the board considers the appointment advisable.
(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.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.039. OATH; 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.
(c) Each bond must be approved by the board.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.040. TERMS OF LICENSES AND CERTIFICATES. (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.
(b) A deputy branch pilot's certificate expires on the
second anniversary of the date it is issued and may not be renewed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 359, § 3, eff. Sept. 1, 1997.
§ 68.041. 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.
(c) Probable cause not to renew a license exists if the
board 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 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.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.042. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.043. HEALTH AND DRUG CERTIFICATION. (a) The
board may require that certification under Section 68.035(b)(1) be
executed annually.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.044. 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 that were material to the
performance of the pilot's duties at the time of the violation;
(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 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;
(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; or
(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.
(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.
(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.
(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.
(e) The board shall immediately give notice to the Brazos
Pilots Association, by certified mail, of a revocation or
suspension under this section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.045. 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 68.044.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.046. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. PILOTAGE RATES
§ 68.061. PILOTAGE RATE CHANGE. The board may not
change pilotage rates before the first anniversary of the preceding
rate change.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.062. PILOTAGE RATES. Each branch pilot member of
the Brazos Pilots Association shall charge the pilotage rates set
by the board for pilot services.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.063. 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) one or more pilots; or
(2) an owner, agent, or consignee.
(b) The application must contain:
(1) a brief statement of the circumstances that
warrant the change; and
(2) a certification that the applicant has submitted
copies of the application to all known pilots, consignees, and
associations of consignees operating in Brazoria County at the time
of the application.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.064. OBJECTION; HEARING. (a) If, not later than
the 20th day after the date notice of an application for a rate
change 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.
(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.
(c) The board shall give notice of the hearing to:
(1) each applicant;
(2) each person objecting to the application; and
(3) any other person the board determines is
interested in the proceedings.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.065. BOARD ACTION ON APPLICATION. (a) If an
objection to an application for a rate change is not received by any
commissioner within the period provided by Section 68.064(a), the
board shall act on the application without further proceedings.
(b) If a hearing is held as provided by Section 68.064, 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.066. 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 interested party designated by the board complete accounts
of:
(1) all amounts received from performing pilot
services, organized by categories or classifications of rates, if
rates are set in that manner;
(2) all earnings from capital assets devoted to
providing pilot services;
(3) all expenses incurred in connection with
activities for which amounts described by Subdivisions (1) and (2)
were received and earned; 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.
(c) The board may require relevant additional information
it considers necessary to determine a proper pilotage rate.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.067. FACTORS FOR BOARD CONSIDERATION. In acting on
a pilotage rate change application, the board shall consider:
(1) characteristics of vessels to be piloted;
(2) costs to pilots to provide the required pilot
services;
(3) the effect, including economic factors affecting
the shipping industry in the area, that the granting, refusal, or
modification of the application would have on Brazoria County ports
and the persons residing in the board's jurisdiction;
(4) 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;
(5) the relationship between the pilotage rates in
Brazoria County ports and the rates applicable in other ports of
this state;
(6) the average number of hours spent by a pilot
performing:
(A) pilot services on board vessels; and
(B) all pilot services; and
(7) 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.068. BOARD ACTION. (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).
(b) Any party aggrieved by the board's order may, after
exhausting all administrative remedies, appeal the order to a
court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.069. REPORTING AND STENOGRAPHIC COSTS. (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.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.070. ORDER FILED. (a) The board shall file a copy
of its order with the county clerk.
(b) The board shall file the order not later than the 20th
day after:
(1) the closing date of a hearing held as provided by
Section 68.064(b); or
(2) if a hearing is not held, the expiration of the
20-day period provided by Section 68.064(a).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.071. 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 or in its
rules relating to adoption of pilotage rates.
(c) Emergency pilotage rates may not be appealed.
(d) The board shall adopt rules to carry out this section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.072. PILOT SERVICES REQUIRED. The consignee of a
vessel under the consignee's control shall obtain pilot services
for the vessel and shall pay the pilots who pilot the vessel into
and out of the port area compensation according to the pilotage
rates filed by the board.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.073. PILOTAGE RATE LIABILITY. (a) 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.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.074. 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 service.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER E. PILOT LIABILITY
§ 68.081. 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 amounts.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.082. 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.083. 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 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER F. BRAZOS PILOTS ASSOCIATION
§ 68.091. PILOTS ASSOCIATION. The Brazos Pilots
Association is a nonprofit association whose membership shall
include and be limited to the licensed branch pilots for the
Brazoria County ports.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.092. ASSOCIATION PURPOSES. The purposes of the
Brazos Pilots Association are:
(1) the leasing, ownership, management, and operation
of equipment and facilities suitable for use by member pilots
individually and collectively in performing their individual and
collective duties as branch pilots, including pilot boats,
communication equipment, and pilot stations;
(2) administering the business of providing an
efficient and safe pilot service in accordance with bylaws adopted
by a majority vote of the members of the association;
(3) providing a pilots' retirement fund through
membership participation; and
(4) maintaining continuous liaison with the board
through its elected representatives.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.093. OFFICERS. (a) The membership of the Brazos
Pilots Association shall elect members to serve as officers. The
association's officers must include a president, vice president,
and secretary-treasurer.
(b) The officers are elected by secret ballot and by a
majority vote of those members casting ballots. Each member is
entitled to one vote for each officer.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.094. TERM OF OFFICE. Each association officer
serves a one-year term, beginning on January 1, and continues to
serve until a successor has been elected and qualified.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.095. PROPERTY. (a) The association may rent or
own property, acquire property by gift, purchase, or exchange, and
hold title to property that is appropriate for its use in carrying
out the purposes of the association under this chapter.
(b) The acquisition, sale, or disposal of permanent assets,
as distinguished from consumable assets, must be authorized by
resolution of the association. The resolution must be adopted in
open meeting by a two-thirds vote of the membership after notice of
the date, time, place, and purpose of the meeting.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.096. INDEPENDENT CONTRACTOR. Although each branch
pilot is a member of the association, a branch pilot acts as an
independent contractor in performing specific pilot services for a
vessel owner or consignee. A branch pilot is solely responsible to
each vessel owner or consignee for the manner in which the pilot
services are performed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.097. FEE COLLECTION. (a) The association is
delegated the authority to collect in its name on behalf of each
branch pilot fees earned by the pilot for pilot services.
(b) The association shall issue appropriate receipts for
the fees and make a full accounting for the fees in the manner
provided by association bylaws.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.098. OPERATING BUDGET. In December of each year,
the association shall adopt, by majority vote, a budget for its
operations for the next calendar year. The operating budget may be
amended at any regular or special meeting of the association.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.099. SERVICE FEES. Monthly, the association may
retain from fees collected on behalf of each branch pilot, as
consideration for services rendered, a pro rata share of 1/12th of
the association's necessary operating expenses according to its
budget.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.100. FEE DISTRIBUTION. Not later than the 25th day
of each month, the association shall distribute to each branch
pilot, as provided by association bylaws, a share of the fees
collected in the preceding calendar month after deducting:
(1) the pilot's share of expenses as provided by
Section 68.099; and
(2) an amount the pilot has authorized deducted and
contributed to the pilot's share of an employee welfare benefit
plan or employees' pension benefit plan established and maintained
by the association.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.101. ASSOCIATION SERVICES. The association shall
provide for the use and benefit of each branch pilot member:
(1) real property and buildings suitable for use as a
pilot station;
(2) appropriate communications facilities;
(3) pilot boats for transportation to and from
vessels; and
(4) other equipment and facilities authorized by
majority vote of the members of the association.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.102. TRANSFER OF PROPERTY. The association may
receive from Brazos Pilot Service, Inc., a conveyance of all real
and personal property owned and held by that company if all
shareholders of the company consent in writing to the transfer.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.103. SHARE VALUATION. The value of all assets of
the association shall be determined by an appraisal made by one or
more qualified appraisers designated by the association president.
The value of each share is determined by dividing the total value of
all assets of the association by the number of shares outstanding.
The value of each share shall be used in a transaction that
involves:
(1) the purchase of a share by a newly commissioned
branch pilot;
(2) the sale of a share on retirement by a branch
pilot; or
(3) the purchase of a share by the association from the
legal heirs of a deceased branch pilot.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.104. TRANSFER OF SHARES. (a) The association
shall issue one share to a branch pilot on the pilot's initial
commissioning if the pilot pays the association a sum equal to the
value of the share determined in the manner provided by this
subchapter.
(b) The association shall purchase the share of a branch
pilot who for any reason other than death ceases to render pilot
services. The association shall purchase the share not later than
the 30th day after the date of a request by the withdrawing pilot
and on surrender of the share.
(c) Not later than the 30th day after providing the
association with proof of identity of the legal representative of
the estate of a deceased branch pilot, the legal representative
shall tender and transfer to the association the deceased pilot's
share. The association shall pay the estate the value of the share
determined as provided by this subchapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.105. FACILITIES FEE. (a) The association may
charge a monthly fee for the use of its facilities to a newly
commissioned branch pilot who does not tender payment for a share as
required by Section 68.104(a) before rendering service as a branch
pilot. The fee may be charged until the pilot pays for the share.
(b) The fee must be reasonable, uniform, and adequate to
provide the association the pro rata portion of a reasonable return
on investment in the assets of the association.
(c) The association may deduct the fee from collections made
by the association for pilot services rendered by the branch pilot.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.106. LIMITATION ON SHARE OWNERSHIP. (a) Shares
of the association may be issued to and owned only by a branch pilot
licensed under this chapter, except as provided by Subsection (b).
(b) On the death of a branch pilot licensed under this
chapter, the ownership of the deceased pilot's share in the
association may pass by will to the pilot's devisees or, if the
pilot dies intestate, the interest passes under the laws of descent
and distribution of this state for the purpose of liquidation, as
provided by Section 68.104(c).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 68.107. RETIREMENT BENEFITS. (a) The association
may act as an employer for the purpose of maintaining an employee
welfare benefit plan or an employee pension benefit plan, as
defined by 29 U.S.C. Section 1002, for the benefit of branch pilots
licensed under this chapter.
(b) A benefit plan must be established and maintained in
accordance with applicable law pertaining to benefit plans.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
