reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 68.045. Suspension or Revocation of Deputy Branch Pilot's Certificate

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 68.046. Liability to Pilot

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.061. Pilotage Rate Change

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.062. Pilotage Rates

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.063. Pilotage Rate Change Application

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.064. Objection; Hearing

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.065. Board Action on Application

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.066. Pilot Financial Report

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.067. Factors for Board Consideration

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.068. Board Action

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.069. Reporting and Stenographic Costs

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.070. Order Filed

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.071. Emergency Pilotage Rates

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.072. Pilot Services Required

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.073. Pilotage Rate Liability

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter D. Pilotage Rates › Section 68.074. Recovery of Compensation

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter E. Pilot Liability › Section 68.081. Purpose

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter E. Pilot Liability › Section 68.082. Pilot Liability

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter E. Pilot Liability › Section 68.083. Pilot Liability Limited

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.091. 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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.092. Association Purposes

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.093. Officers

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.094. Term of Office

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.095. Property

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.096. Independent Contractor

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.097. Fee Collection

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.099. Service Fees

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.100. Fee Distribution

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.101. Association Services

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.102. Transfer of Property

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.103. Share Valuation

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.104. Transfer of Shares

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.105. Facilities Fee

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.106. Limitation on Share Ownership

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 68 - Brazoria County Pilots Licensing and Regulatory Act › Subchapter F. Brazos Pilots Association › Section 68.107. Retirement Benefits

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.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter A. General Provisions › Section 69.001. Short Title

Sec. 69.001.  SHORT TITLE.  This chapter may be cited as the Jefferson and Orange County Pilots Licensing and Regulatory Act.
Amended by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter A. General Provisions › Section 69.002. Definitions

Sec. 69.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of pilot commissioners described by Section 69.011.
(2)  "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.
(3)  "Jefferson or Orange County port" means a place in Jefferson or Orange County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico.
(4)  "Pilot" means a person who is licensed 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 pilot services.
(6)  "Pilot services" means acts of a pilot in conducting a vessel through 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.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter A. General Provisions › Section 69.003. Applicability of Chapter

Sec. 69.003.  APPLICABILITY OF CHAPTER.  This chapter applies only to a Jefferson or Orange County port.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.011. Composition of Board

Sec. 69.011.  COMPOSITION OF BOARD.  (a)  The board of pilot commissioners for all of the ports and private terminals located in Jefferson or Orange County, or both, is composed of five commissioners from Jefferson or Orange County appointed by the governor in the manner provided by Subchapter A, Chapter 63.
(b)  The presiding officer of the board shall be selected by the members of the board.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.012. Prohibited Interest

Sec. 69.012.  PROHIBITED INTEREST.  A person may not be a member of the board if the person has a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the board's trust.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.013. Oath

Sec. 69.013.  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.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.014. Terms of Office

Sec. 69.014.  TERMS OF OFFICE.  (a)  Board members serve staggered two-year terms of office.
(b)  A member holds office until the member's successor is appointed and qualified.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.015. Jurisdiction of Board

Sec. 69.015.  JURISDICTION OF BOARD.  The board has exclusive jurisdiction over the pilot services provided in Jefferson or Orange County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.016. Administration; Rules

Sec. 69.016.  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.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.017. Duties

Sec. 69.017.  DUTIES.  (a)  The board shall:
(1)  establish the number of pilots necessary to provide adequate pilot services for each Jefferson or Orange County port;
(2)  establish pilotage rates;
(3)  hear and determine complaints relating to the conduct of pilots;
(4)  make recommendations to the governor concerning any pilot whose license or certificate should not be renewed or should be revoked;
(5)  adopt rules and issue orders to pilots and vessels when necessary to secure efficient pilot services;
(6)  institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter;
(7)  provide penalties to be imposed on a person who is not a pilot for a Jefferson or Orange County port and who pilots a vessel into or out of the port if the person offered pilot services to the vessel;
(8)  establish times during which pilot services will be available;
(9)  accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot;
(10)  submit to the governor the names of persons who have qualified under this chapter to be appointed as branch pilots;  and
(11)  approve any changes of the locations of pilot stations.
(b)  The board may:
(1)  recommend the number of deputy pilots each branch pilot may appoint under Section 69.038;  and
(2)  make any other provision for proper, safe, and efficient pilotage under this chapter and for the efficient administration of this chapter.
(c)  The board may assess against the users of pilot services:
(1)  the actual costs the board considers fair and just incurred in connection with hearings against any applicant or objecting party;  and
(2)  other expenses that are necessary and proper to enable the board to effectively carry out the purposes and requirements of this chapter, including processing of applications for pilot licenses and certificates, establishing pilotage, determining and approving the locations for pilot stations, establishing times during which pilot services will be available, hearing and ruling on complaints relating to the conduct of pilots, adopting rules and issuing orders to pilots or vessels when necessary to secure efficient pilot services, instituting investigations or hearings to consider casualties, accidents, or other actions that violate this chapter, making of any provision for proper, safe, and efficient pilotage, and funding general administrative expenses associated with the operation of the board.
(d)  Assessments against the users of pilot services under Subsection (c) may not exceed $100,000 in a fiscal year.
(e)  Funds collected under this section may not be used for compensation to any member of the board.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.018. Unfair Discrimination Prohibited

Sec. 69.018.  UNFAIR DISCRIMINATION PROHIBITED.  (a)  In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot 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 Jefferson County.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.019. Open Meetings Law

Sec. 69.019.  OPEN MEETINGS LAW.  Chapter 551, Government Code, applies to actions and proceedings under this chapter.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.020. Rule or Rate Change

Sec. 69.020.  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 send the notice and a copy of the proposed rule or change by registered mail to the last known address of:
(1)  all known pilots association offices;
(2)  all pilots licensed or certified in the port;
(3)  all steamship agencies and associations in the port;  and
(4)  all known users of pilot services for the previous 12 months.
(c)  The board shall post a copy of the proposed rule or change at the county courthouse of Jefferson County and of Orange County, as well as the subcourthouse in Port Arthur, for public inspection.
(d)  The board shall publish a copy of the proposed rule or change in a newspaper of general circulation in Jefferson and Orange Counties.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.021. Contested Case Notice

Sec. 69.021.  CONTESTED CASE NOTICE.  The board shall give notice in each contested case to the persons and in the manner provided by Section 69.020(b) that includes the same information as the notice given to the parties in each contested case.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.022. Judicial Review

Sec. 69.022.  JUDICIAL REVIEW.  Proceedings for judicial review of a board decision shall be brought in a district court in Jefferson County.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.023. Budget; Annual Report; Audits

Sec. 69.023.  BUDGET;  ANNUAL REPORT;  AUDITS.  (a)  The board shall adopt a budget not later than the 45th day before the start of a fiscal year.  The budget may be adopted only after a public meeting has been held to explain the budget.
(b)  Accounts of the board are subject to audit by the state auditor.
(c)  The board shall keep minutes of its meetings and other books and records that clearly reflect all acts and transactions of the board.  The board shall open its records to examination by any person during regular business hours.
(d)  Not later than the 30th day after the end of a fiscal year, the board shall submit to the governor a report itemizing all income and expenditures and describing all activities of the board during the previous fiscal year.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter B. Board of Pilot Commissioners › Section 69.024. Depository Bank; Expenditure of Funds

Sec. 69.024.  DEPOSITORY BANK;  EXPENDITURE OF FUNDS.  The board shall deposit all money received by the board under this chapter, including assessments and grants from governmental agencies, in a bank located in Jefferson or Orange County and selected by the board.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.031. Licenses or Certificate Required

Sec. 69.031.  LICENSES OR CERTIFICATE REQUIRED.  A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Jefferson and Orange County ports in which the pilot services are to be provided.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.032. Exemptions

Sec. 69.032.  EXEMPTIONS.  The requirement to use a pilot does not apply to:
(1)  a vessel sailing under enrollment, or licensed or engaged in the coasting trade between Texas ports or between any Texas port and any other port of the United States;  or
(2)  a vessel exempt under federal law from payment of state pilotage rates.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.033. Qualifications for License

Sec. 69.033.  QUALIFICATIONS FOR LICENSE.  To be eligible for a license as a branch pilot for the ports within the jurisdiction of the board, a person must:
(1)  be at least 25 years of age and younger than 68 years of age unless exempted under the provisions of Section 69.040(b);
(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 one year's service as a deputy branch pilot or equivalent service piloting vessels of at least 5,000 gross tons within the board's jurisdiction;
(5)  have successfully completed the board-approved training program;
(6)  have commanded or controlled the navigation of vessels such as the person would pilot;
(7)  have extensive experience in the docking and undocking of vessels;
(8)  be in good mental and physical health;
(9)  have good moral character;
(10)  possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot;  and
(11)  hold a license under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.034. Qualifications for Certificate

Sec. 69.034.  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)  hold a license under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services;
(4)  be in good mental and physical health;
(5)  have good moral character;
(6)  possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot;  and
(7)  successfully complete the board-approved apprenticeship training program.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.035. Application for License or Certificate

Sec. 69.035.  APPLICATION FOR LICENSE OR CERTIFICATE.  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.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.036. Consideration of Application

Sec. 69.036.  CONSIDERATION OF APPLICATION.  (a)  The board shall carefully consider each application submitted under Section 69.035 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 under Subsection (a), the board may develop and administer standardized examinations to determine an applicant's knowledge of piloting, management of vessels, and the waterways in the board's jurisdiction.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.037. Branch Pilot Appointment by Governor

Sec. 69.037.  BRANCH PILOT APPOINTMENT BY GOVERNOR.  (a)  On filing of the bond and oath required by Section 69.039, 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 Jefferson and Orange County ports.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.038. Deputy Branch Pilot Appointment by Branch Pilot

Sec. 69.038.  DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.  (a)  Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots.
(b)  A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable.
(c)  A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.
(d)  A branch pilot who appoints a deputy branch pilot is responsible for the actions of the deputy branch pilot.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle B - Pilots › Chapter 69 - Jefferson and Orange County Pilots Licensing and Regulatory Act › Subchapter C. Pilot Licenses and Certificates › Section 69.039. Oath and Bond

Sec. 69.039.  OATH AND 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.
Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.