CHAPTER 64. RATES OF PILOTAGE
TRANSPORTATION CODE
TITLE 4. NAVIGATION
SUBTITLE B. PILOTS
CHAPTER 64. RATES OF PILOTAGE
Sec. 64.001. DEFINITION. In this chapter, "consignee" includes:
(1) the master;
(2) the owner;
(3) the agent;
(4) the subagent; and
(5) a person who enters or clears a vessel of the collector of
customs.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 64.002. PILOTAGE RATE. The rate of pilotage that may be
adopted under Sections 63.004 and 63.021 on a class of vessel may
not, in a port of this state, exceed $6.50 for each foot of water
that the vessel draws when piloted. This section does not apply
to the rate of pilotage established under:
(1) Section 69.001 for:
(A) the public ports of Orange, Port Arthur, and Beaumont; and
(B) privately owned docks or terminals in Orange County or
Jefferson County;
(2) Chapter 62; or
(3) Chapters 66-68.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 64.003. PILOTAGE LIABILITY. (a) A vessel that declines
pilot services offered outside the bar and enters the port
without the aid of a pilot is liable to the first pilot whose
services the vessel declined for half pilotage.
(b) A vessel that, after being brought into port by a pilot,
leaves port without employing a pilot is liable to the pilot who
brought the vessel into port for the payment of half pilotage.
(c) A vessel that declines pilot services offered outside the
bar, comes into port without the aid of a pilot, and leaves port
without employing a pilot is liable to the pilot who first
offered the pilot's services for the payment of half pilotage.
(d) A vessel that is not offered pilot services outside the bar
and both enters and leaves the port without a pilot is not liable
for the payment of half pilotage.
(e) At a port where vessels receive or discharge cargo at an
anchorage outside the bar, a vessel:
(1) is liable for the payment of pilotage to the anchorage at
the rate provided by Section 64.002; and
(2) is not liable for the payment of pilotage from the anchorage
to the open sea.
(f) A vessel bound from the open sea to an anchorage outside the
bar that, while under way, declines an offer of pilot services
and afterward receives or discharges cargo at the anchorage is
liable to the first pilot whose services the vessel declined for
the payment of half pilotage to the anchorage at the rate
provided by Section 64.002 but is not liable for pilotage from
the anchorage to the open sea.
(g) The consignee of a vessel is responsible for the pilotage of
the vessel. The liability of each consignee is joint and several.
(h) A pilot who takes charge of a vessel 20 miles outside the
bar and brings the vessel to the bar is entitled to one-fourth
pilotage for offshore service, in addition to what the pilot is
entitled to recover for bringing the vessel in. If the vessel
declines offshore service, the pilot is not entitled to
offshore-service compensation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 64.004. SUIT TO RECOVER PILOT FEES. A pilot who serves or
offers to serve a vessel may bring suit to recover pilot fees
from a consignee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 64.005. EXEMPTIONS FROM PILOTAGE CHARGES. Except for
actual service provided, a vessel of 20 tons or less is exempt
from a charge for pilotage.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 64.006. UNAUTHORIZED PILOT; LIABILITY. (a) In addition to
any other applicable remedy provided by law, a person who has not
been appointed to be a branch or deputy pilot and who pilots a
vessel out of or into a port after a branch or deputy pilot who
is licensed to provide pilot services for the port offers to do
so is liable to pay $50 to the branch or deputy pilot.
(b) The branch or deputy pilot may bring suit to recover the
money.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.