TRANSPORTATION CODE
CHAPTER 64. RATES OF PILOTAGE
§ 64.001. DEFINITION. In this chapter, "consignee"
includes:
(1) the master;
(2) the owner;
(3) the agent;
(4) the subagent; and
(5) a person who enters or clears a vessel of the
collector of customs.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 64.002. PILOTAGE RATE. The rate of pilotage that may
be adopted under Sections 63.004 and 63.021 on a class of vessel may
not, in a port of this state, exceed $6.50 for each foot of water
that the vessel draws when piloted. This section does not apply to
the rate of pilotage established under:
(1) Section 69.001 for:
(A) the public ports of Orange, Port Arthur, and
Beaumont; and
(B) privately owned docks or terminals in Orange
County or Jefferson County;
(2) Chapter 62; or
(3) Chapters 66-68.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 64.003. PILOTAGE LIABILITY. (a) A vessel that
declines pilot services offered outside the bar and enters the port
without the aid of a pilot is liable to the first pilot whose
services the vessel declined for half pilotage.
(b) A vessel that, after being brought into port by a pilot,
leaves port without employing a pilot is liable to the pilot who
brought the vessel into port for the payment of half pilotage.
(c) A vessel that declines pilot services offered outside
the bar, comes into port without the aid of a pilot, and leaves port
without employing a pilot is liable to the pilot who first offered
the pilot's services for the payment of half pilotage.
(d) A vessel that is not offered pilot services outside the
bar and both enters and leaves the port without a pilot is not
liable for the payment of half pilotage.
(e) At a port where vessels receive or discharge cargo at an
anchorage outside the bar, a vessel:
(1) is liable for the payment of pilotage to the
anchorage at the rate provided by Section 64.002; and
(2) is not liable for the payment of pilotage from the
anchorage to the open sea.
(f) A vessel bound from the open sea to an anchorage outside
the bar that, while under way, declines an offer of pilot services
and afterward receives or discharges cargo at the anchorage is
liable to the first pilot whose services the vessel declined for the
payment of half pilotage to the anchorage at the rate provided by
Section 64.002 but is not liable for pilotage from the anchorage to
the open sea.
(g) The consignee of a vessel is responsible for the
pilotage of the vessel. The liability of each consignee is joint
and several.
(h) A pilot who takes charge of a vessel 20 miles outside the
bar and brings the vessel to the bar is entitled to one-fourth
pilotage for offshore service, in addition to what the pilot is
entitled to recover for bringing the vessel in. If the vessel
declines offshore service, the pilot is not entitled to
offshore-service compensation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 64.004. SUIT TO RECOVER PILOT FEES. A pilot who
serves or offers to serve a vessel may bring suit to recover pilot
fees from a consignee.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 64.005. EXEMPTIONS FROM PILOTAGE CHARGES. Except for
actual service provided, a vessel of 20 tons or less is exempt from
a charge for pilotage.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 64.006. UNAUTHORIZED PILOT; LIABILITY. (a) In
addition to any other applicable remedy provided by law, a person
who has not been appointed to be a branch or deputy pilot and who
pilots a vessel out of or into a port after a branch or deputy pilot
who is licensed to provide pilot services for the port offers to do
so is liable to pay $50 to the branch or deputy pilot.
(b) The branch or deputy pilot may bring suit to recover the
money.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
