2005 Texas Transportation Code CHAPTER 63. PILOT BOARDS

TRANSPORTATION CODE

CHAPTER 63. PILOT BOARDS

SUBCHAPTER A. PILOT BOARDS AND COMMITTEES


	§ 63.001. GOVERNOR TO APPOINT BOARDS.  (a) The governor, 
with the consent of the senate, shall appoint a board of 
commissioners of pilots consisting of five persons of respectable 
standing for each port having a population and circumstances that 
warrant a pilot board.
	(b)  Each member of the board serves a term of two years.                      
	(c)  When the legislature is not in legislative session, the 
governor may:   
		(1)  suspend any commissioner until the next 
legislative session;  and      
		(2)  fill any vacancy on the board until the next 
legislative session.      

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.002. DISQUALIFICATION OF BOARD MEMBER.  A pilot 
board member may not have a direct or indirect pecuniary interest in 
a pilot boat or branch pilot in the business of the board's trust.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.003. POWERS AND DUTIES OF BOARD.  (a) A pilot board 
shall:           
		(1)  examine and determine the qualifications of each 
applicant for branch or deputy pilot;
		(2)  recommend meritorious applicants to the governor, 
if new appointments are proper;
		(3)  examine any cause of alleged or suspected 
misconduct or inefficiency in a branch or deputy pilot;
		(4)  keep a record of its proceedings;                                        
		(5)  hear and determine all disputes that arise 
regarding pilots and pilotage;
		(6)  award to pilots compensation for injurious loss of 
time incurred in waiting on vessels or by being carried to sea on a 
vessel by default of the master or owner when the pilot might have 
been landed;
		(7)  award to pilots extra compensation for extra 
services to vessels in distress;  and
		(8)  superintend and generally attend to all matters 
related to pilots and pilotage.
	(b)  A pilot board, after a hearing, may suspend a pilot for 
sufficient cause.
	(c)  A pilot board may examine and determine the 
qualifications of a branch or deputy pilot already appointed when 
the board is organized.
	(d)  A pilot board may restrict all deputy pilots from 
piloting over the bar vessels that have over a specified draught of 
water.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.004. PILOTAGE RATES AND RULES.  A pilot board may 
adopt:             
		(1)  pilotage rates;                                                          
		(2)  rules regarding the stations and times that pilots 
are required to be on duty and provisions for leave of absence;
		(3)  rules regarding the class, condition, number, and 
use of pilot boats;  and
		(4)  other minor rules necessary for the government of 
pilots or for board proceedings.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.005. APPEAL OF BOARD DECISION.  An appeal from any 
decision of a board may be taken to a court.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER B. PROVISIONAL PILOT COMMITTEES


	§ 63.021. GOVERNOR AUTHORIZES APPOINTMENT.  (a) For a 
port having a population and circumstances that do not warrant the 
appointment of a pilot board in this chapter the governor may 
authorize the county judge of the county to appoint a provisional 
pilot committee of not less than three and not more than five 
persons of good character and maritime experience.
	(b)  In accordance with this chapter, the committee may:                       
		(1)  adopt rates of pilotage and rules for governing 
pilots;                
		(2)  examine the qualifications of pilots and pilot 
applicants;  and        
		(3)  investigate any case of a pilot charged with 
misconduct or inefficiency and suspend that pilot if sufficient 
cause is found.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER C. BRANCH PILOTS AND DEPUTY PILOTS


	§ 63.041. APPOINTMENT OF BRANCH PILOTS.  (a) The governor 
shall appoint at each port for which a pilot board or provisional 
pilot committee is established the number of branch pilots 
necessary from time to time.
	(b)  A branch pilot serves a term of four years.                               

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.042. APPOINTMENT OF DEPUTY PILOTS.  (a) Each branch 
pilot may appoint two deputies, subject to examination and approval 
by the board.
	(b)  A branch pilot is responsible for the actions of the 
pilot's deputy pilots.
	(c)  A branch pilot who appoints a deputy pilot without the 
approval of the board forfeits the pilot's appointment as a branch 
pilot.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.043. OATH;  BOND.  (a) Each branch pilot shall give a 
bond, payable to the governor, with two or more sufficient 
sureties.
	(b)  The bond must:                                                            
		(1)  be in the amount of $5,000;                                              
		(2)  be conditioned on the faithful performance of the 
pilot's duties;      
		(3)  be approved by the board for the port or, if there 
is not a board for the port, by the county judge of the county in 
which the port is located;  and
		(4)  be sent to the governor.                                                 
	(c)  A pilot shall take and sign the official oath.  The oath 
shall be endorsed on the bond.
	(d)  Before the bond is sent to the governor, the bond and 
oath shall be recorded in the office of the county clerk of the 
county in which the port is located.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.044. RESIDENCE;  PROBATIONARY TERM.  (a) The board 
shall specify a term that a person must reside in this state to 
qualify the person to become a branch pilot for the ports or bays in 
the board's jurisdiction.  The term may not exceed two years.
	(b)  The board shall establish a term of probation that a 
person must serve as a deputy pilot before the person may exercise 
the functions of a branch pilot.  The term may not exceed one year.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.045. MALFEASANCE;  PENALTIES.  (a) On proof that a 
branch or deputy pilot took charge of a vessel while intoxicated, 
the branch or deputy pilot shall:
		(1)  for the first offense, be suspended for one month;  
and                
		(2)  for the second offense, be dismissed and rendered 
incapable of serving as either a branch or deputy pilot.
	(b)  A branch or deputy pilot who wilfully or negligently 
causes the wreck of a vessel shall be dismissed and disqualified 
from again serving as either a branch or deputy pilot.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.046. SUSPENDED PILOT.  A suspended pilot may not 
exercise the duties of the pilot's office.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 63.047. REMOVAL OR REINSTATEMENT OF PILOT.  The 
governor may:           
		(1)  remove a branch pilot;  or                                               
		(2)  reinstate a branch pilot who has been suspended by 
the board.          

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.