CHAPTER 68. BRAZORIA COUNTY PILOTS LICENSING AND REGULATORY ACT

TRANSPORTATION CODE

TITLE 4. NAVIGATION

SUBTITLE B. PILOTS

CHAPTER 68. BRAZORIA COUNTY PILOTS LICENSING AND REGULATORY ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 68.001. SHORT TITLE. This chapter may be cited as the

Brazoria County Pilots Licensing and Regulatory Act.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.020. OPEN MEETINGS LAW. Chapter 551, Government Code,

applies to actions and proceedings under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 359, Sec. 2, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 359, Sec. 3, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. PILOTAGE RATES

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. PILOT LIABILITY

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER F. BRAZOS PILOTS ASSOCIATION

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.