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.
