Texas Transportation Code Title 4, Chapter 68 - Brazoria County Pilots Licensing And Regulatory Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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,
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B BOARD OF PILOT COMMISSIONERS

• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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,...
• Texas Section 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.
• Texas Section 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...

SUBCHAPTER C PILOT LICENSES AND CERTIFICATES

• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D PILOTAGE RATES

• Texas Section 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...
• Texas Section 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....
• Texas Section 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.,...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E PILOT LIABILITY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F BRAZOS PILOTS ASSOCIATION

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016