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Texas Transportation Code - Chapter 68 Brazoria County Pilots Licensing And Regulatory ActLegal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Chapter 68 Brazoria County Pilots Licensing And Regulatory Act This chapter may be cited as the Brazoria County Pilots Licensing and Regulatory Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ... 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 ... (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 ... 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., ... 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 ... 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 ... 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 ... 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. ... 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 ... (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. ... 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 ... 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, ... (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, ... Chapter 551, Government Code, applies to actions and proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ... (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 ... Proceedings for judicial review of a board decision shall be brought in a district court in Brazoria County. Acts 1995, 74th Leg., ch. 165, § ... 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 ... 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 ... 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 ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... 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 ... (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 ... The board may not change pilotage rates before the first anniversary of the preceding rate change. Acts 1995, 74th Leg., ch. 165, § 1, eff. ... 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., ... (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; ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... (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) ... 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 ... (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 ... 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 ... 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 ... 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 ... (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 ... 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. ... 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 ... (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 ... 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, ... (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 ... 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 ... (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 ... 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 ... 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 ... 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 association shall provide for the use and benefit of each branch pilot member: (1) real property and buildings suitable for use as a pilot ... 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 ... 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 ... (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 ... (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 ... (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 ... (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 ... Texas Lawyers
Last modified: August 10, 2007 |