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Texas Transportation Code - Section 68.044. Suspension Or Revocation Of Branch Pilot's License

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 68.044. Suspension Or Revocation Of Branch Pilot's License

§ 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, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007