CHAPTER 2351. STEVEDORES
OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE B. REGULATIONS RELATED TO VESSELS
CHAPTER 2351. STEVEDORES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2351.001. DEFINITION. In this chapter, "contracting
stevedore" means a person, firm or association of persons, or
corporation that contracts with another person or corporation,
including an agent, owner, master, manager, or captain of a
vessel, to load or unload a vessel.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER B. BOND AND LICENSE REQUIREMENTS
Sec. 2351.051. BOND AND LICENSE REQUIRED. A contracting
stevedore must execute a bond and obtain a license in each county
in which the contracting stevedore engages in business as a
contracting stevedore.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2351.052. BOND TERMS AND CONDITIONS. (a) A bond executed
under this subchapter must:
(1) be in the amount of $5,000;
(2) be conditioned that the contracting stevedore will:
(A) on Saturday of each week pay wages promptly according to the
agreed wage scale to each laborer who engaged in loading and
unloading a vessel; and
(B) perform each agreement the contracting stevedore enters into
with a laborer with respect to the loading and unloading of a
vessel; and
(3) be payable to the county judge of the county in which the
contracting stevedore does business as trustee for any person who
may be entitled to recover under the bond.
(b) The bond must be made with:
(1) a surety company authorized to do business in this state; or
(2) two or more good and sufficient sureties, each of whom is a
resident of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2351.053. APPROVAL AND RECORDING OF BOND. (a) The bond
must be approved by the county clerk of the county in which the
contracting stevedore engages in business.
(b) The county clerk shall file and record the bond.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2351.054. LICENSE APPLICATION AND ISSUANCE. (a) Before
engaging in business as a contracting stevedore in any county,
the contracting stevedore must file a written application for a
license with the county clerk.
(b) The county clerk shall issue the license on:
(1) approval of the bond executed under this subchapter; and
(2) receipt of a $5 license fee.
(c) The county clerk shall deposit the license fee into the
general fund of the county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2351.055. ANNUAL RENEWAL. A contracting stevedore must
execute a new bond and obtain a new license on each anniversary
of the date the former license is issued.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER C. ENFORCEMENT PROVISIONS
Sec. 2351.101. CRIMINAL PENALTY. (a) A contracting stevedore
commits an offense if the contracting stevedore engages in
business as a contracting stevedore without first executing the
bond and obtaining the license required by Section 2351.051.
(b) An offense under this section is punishable by a fine of not
less than $100 or more than $500.
(c) Each day of violation is a separate offense.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2351.102. SUIT ON BOND. (a) A person to whom wages are
not paid as required by Section 2351.052(a)(2) may bring suit and
recover under the bond executed under Subchapter B.
(b) The bond may be sued on until:
(1) the full amount of the bond is exhausted; or
(2) suits sufficient to exhaust the bond are pending.
(c) If a bond is exhausted under this section, the contracting
stevedore shall execute and file a new bond that meets the
requirements of Subchapter B.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.