Texas Transportation Code Title 4, Chapter 69 - Jefferson And Orange County Pilots Licensing And Regulatory Act
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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....
- Texas Section 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,...
SUBCHAPTER B BOARD OF PILOT COMMISSIONERS
- Texas Section 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.
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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,
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
SUBCHAPTER C PILOT LICENSES AND CERTIFICATES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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 Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 69.040 - Terms Of Licenses And Certificates
(a) A branch pilot's license expires on the earlier of: (1) the fourth anniversary of the date it is issued or renewed; or (2) the...
- Texas Section 69.041 - 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 69.042 - 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 69.043 - 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 69.044 - 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 69.045 - 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 69.061 - Pilotage Rate Change
The board may not change pilotage rates before the first anniversary of the preceding rate change. Added by Acts 2003, 78th Leg., ch. 745, Sec....
- Texas Section 69.062 - 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) a pilot; (2) an...
- Texas Section 69.063 - 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 69.064 - Factors For Board Consideration
In acting on a pilotage rate change application, the board shall consider: (1) characteristics of vessels to be piloted; (2) the public interest in maintaining...
- Texas Section 69.065 - Rate Decision
Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the...
- Texas Section 69.066 - Costs
The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in...
- Texas Section 69.067 - Appeal Of Board Decision
Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court. Added by Acts...
- Texas Section 69.068 - 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 69.069 - Pilot Services Required
The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel...
- Texas Section 69.070 - Pilotage Rate Liability
(a) A consignee who declines the services of a pilot offered outside the bar and enters the port without the aid of a pilot is...
SUBCHAPTER E PILOT LIABILITY
- Texas Section 69.071 - 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 69.081 - 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 69.082 - 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...
- Texas Section 69.083 - 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...
Last modified: September 28, 2016