CHAPTER 62. NAVIGATION DISTRICT PILOT BOARDS
TRANSPORTATION CODE
TITLE 4. NAVIGATION
SUBTITLE B. PILOTS
CHAPTER 62. NAVIGATION DISTRICT PILOT BOARDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 62.001. DEFINITION. In this chapter, "navigation district"
means a navigation district included in:
(1) Subchapters C, D, E, F, G, and H, Chapter 60, Water Code;
(2) Subchapter E, Chapter 61, Water Code; or
(3) Sections 62.154 through 62.159, Water Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. PILOT BOARDS OF NAVIGATION DISTRICTS
Sec. 62.021. PILOT BOARD; COMMISSIONERS OF PILOTS. (a) The
pilot board of a navigation district is composed of the
district's navigation and canal commissioners.
(b) A member of the pilot board is a commissioner of pilots.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.022. TERM OF OFFICE. The term of office of a
commissioner of pilots coincides with the person's term as a
navigation and canal commissioner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.023. DISQUALIFICATION. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.024. JURISDICTION. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.025. POWERS OF PILOT BOARDS. The pilot board of a
navigation district may:
(1) appoint, suspend, or dismiss a branch or deputy pilot of a
port in the district;
(2) establish pilotage rates for service in the board's
jurisdiction; or
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. REGULATION OF BRANCH AND DEPUTY PILOTS
Sec. 62.041. BRANCH OR DEPUTY PILOT QUALIFICATIONS. (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.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.042. OATH; BOND. (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).
(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:
(1) payable to the governor;
(2) conditioned on the faithful performance of the branch
pilot's duties;
(3) approved by the pilot board; and
(4) deposited in the office of the secretary of state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.043. ISSUANCE OF BRANCH PILOT LICENSE. (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.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.044. TERM OF BRANCH PILOT LICENSE. (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, the branch pilot's commission expires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.045. APPOINTMENT OF DEPUTY PILOTS. (a) A branch pilot
may appoint two deputy pilots, subject to the examination by and
approval of the pilot board of a navigation district.
(b) The branch pilot may appoint an additional deputy pilot if
the pilot board considers the appointment advisable.
(c) The branch pilot is responsible for the acts of the deputy
pilots.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.046. SUSPENSION OR DISMISSAL OF PILOTS. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER D. PILOTAGE CHARGES AND LIABILITY
Sec. 62.061. DEFINITION. In this subchapter, "pilot" means a
branch or deputy pilot appointed under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.062. PILOTAGE CHARGES INAPPLICABLE. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.063. PILOTAGE CHARGES. (a) A pilotage rate charged by
a pilot must be fair and just.
(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.
(c) Each time a change in the rates occurs, the pilot must file
a revised schedule.
(d) A pilot shall strictly follow the schedule of rates on file
in the commissioners' office.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.064. CONSIGNEE LIABILITY FOR PILOT SERVICES. The
consignee of a vessel is liable to a pilot for the pilotage of
the vessel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.065. LIABILITY OF CERTAIN VESSELS DECLINING PILOT
SERVICES. (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.
(b) The consignee of a vessel is responsible for pilot services
offered and declined under Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.066. LIABILITY OF CERTAIN VESSELS TO OTHER PILOTS. (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:
(1) the pilot who brought the vessel into the channel; or
(2) the pilot who first offered the vessel services outside the
bar, if the vessel did not employ a pilot to come in.
(b) The consignee of a vessel is responsible for pilot services
offered under Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.067. UNAUTHORIZED PILOT LIABILITY. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.068. RECOVERY OF PILOTAGE CHARGES. (a) A pilot may
recover in court compensation for pilotage or services offered.
(b) A pilot may bring suit to recover the payment under Section
62.067.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.