CHAPTER 63. PILOT BOARDS
TRANSPORTATION CODE
TITLE 4. NAVIGATION
SUBTITLE B. PILOTS
CHAPTER 63. PILOT BOARDS
SUBCHAPTER A. PILOT BOARDS AND COMMITTEES
Sec. 63.001. GOVERNOR TO APPOINT BOARDS. (a) The governor,
with the consent of the senate, shall appoint a board of
commissioners of pilots consisting of five persons of respectable
standing for each port having a population and circumstances that
warrant a pilot board.
(b) Each member of the board serves a term of two years.
(c) When the legislature is not in legislative session, the
governor may:
(1) suspend any commissioner until the next legislative session;
and
(2) fill any vacancy on the board until the next legislative
session.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.002. DISQUALIFICATION OF BOARD MEMBER. A pilot board
member may not have a direct or indirect pecuniary interest in a
pilot boat or branch pilot in the business of the board's trust.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.003. POWERS AND DUTIES OF BOARD. (a) A pilot board
shall:
(1) examine and determine the qualifications of each applicant
for branch or deputy pilot;
(2) recommend meritorious applicants to the governor, if new
appointments are proper;
(3) examine any cause of alleged or suspected misconduct or
inefficiency in a branch or deputy pilot;
(4) keep a record of its proceedings;
(5) hear and determine all disputes that arise regarding pilots
and pilotage;
(6) award to pilots compensation for injurious loss of time
incurred in waiting on vessels or by being carried to sea on a
vessel by default of the master or owner when the pilot might
have been landed;
(7) award to pilots extra compensation for extra services to
vessels in distress; and
(8) superintend and generally attend to all matters related to
pilots and pilotage.
(b) A pilot board, after a hearing, may suspend a pilot for
sufficient cause.
(c) A pilot board may examine and determine the qualifications
of a branch or deputy pilot already appointed when the board is
organized.
(d) A pilot board may restrict all deputy pilots from piloting
over the bar vessels that have over a specified draught of water.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.004. PILOTAGE RATES AND RULES. A pilot board may adopt:
(1) pilotage rates;
(2) rules regarding the stations and times that pilots are
required to be on duty and provisions for leave of absence;
(3) rules regarding the class, condition, number, and use of
pilot boats; and
(4) other minor rules necessary for the government of pilots or
for board proceedings.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.005. APPEAL OF BOARD DECISION. An appeal from any
decision of a board may be taken to a court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. PROVISIONAL PILOT COMMITTEES
Sec. 63.021. GOVERNOR AUTHORIZES APPOINTMENT. (a) For a port
having a population and circumstances that do not warrant the
appointment of a pilot board in this chapter the governor may
authorize the county judge of the county to appoint a provisional
pilot committee of not less than three and not more than five
persons of good character and maritime experience.
(b) In accordance with this chapter, the committee may:
(1) adopt rates of pilotage and rules for governing pilots;
(2) examine the qualifications of pilots and pilot applicants;
and
(3) investigate any case of a pilot charged with misconduct or
inefficiency and suspend that pilot if sufficient cause is found.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. BRANCH PILOTS AND DEPUTY PILOTS
Sec. 63.041. APPOINTMENT OF BRANCH PILOTS. (a) The governor
shall appoint at each port for which a pilot board or provisional
pilot committee is established the number of branch pilots
necessary from time to time.
(b) A branch pilot serves a term of four years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.042. APPOINTMENT OF DEPUTY PILOTS. (a) Each branch
pilot may appoint two deputies, subject to examination and
approval by the board.
(b) A branch pilot is responsible for the actions of the pilot's
deputy pilots.
(c) A branch pilot who appoints a deputy pilot without the
approval of the board forfeits the pilot's appointment as a
branch pilot.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.043. OATH; BOND. (a) Each branch pilot shall give a
bond, payable to the governor, with two or more sufficient
sureties.
(b) The bond must:
(1) be in the amount of $5,000;
(2) be conditioned on the faithful performance of the pilot's
duties;
(3) be approved by the board for the port or, if there is not a
board for the port, by the county judge of the county in which
the port is located; and
(4) be sent to the governor.
(c) A pilot shall take and sign the official oath. The oath
shall be endorsed on the bond.
(d) Before the bond is sent to the governor, the bond and oath
shall be recorded in the office of the county clerk of the county
in which the port is located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.044. RESIDENCE; PROBATIONARY TERM. (a) The board shall
specify a term that a person must reside in this state to qualify
the person to become a branch pilot for the ports or bays in the
board's jurisdiction. The term may not exceed two years.
(b) The board shall establish a term of probation that a person
must serve as a deputy pilot before the person may exercise the
functions of a branch pilot. The term may not exceed one year.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.045. MALFEASANCE; PENALTIES. (a) On proof that a
branch or deputy pilot took charge of a vessel while intoxicated,
the branch or deputy pilot shall:
(1) for the first offense, be suspended for one month; and
(2) for the second offense, be dismissed and rendered incapable
of serving as either a branch or deputy pilot.
(b) A branch or deputy pilot who wilfully or negligently causes
the wreck of a vessel shall be dismissed and disqualified from
again serving as either a branch or deputy pilot.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.046. SUSPENDED PILOT. A suspended pilot may not
exercise the duties of the pilot's office.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 63.047. REMOVAL OR REINSTATEMENT OF PILOT. The governor
may:
(1) remove a branch pilot; or
(2) reinstate a branch pilot who has been suspended by the
board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.