SB1353 - Relating to the licensing and regulation of pilots in the jurisdiction of the pilot board of a navigation district located in Cameron County.

      S.B. No. 1353         AN ACT   relating to the licensing and regulation of pilots in the   jurisdiction of the pilot board of a navigation district located in   Cameron County.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 62, Transportation Code,   is amended by adding Section 62.002 to read as follows:           Sec.   62.002.     APPLICABILITY OF CHAPTER. This chapter does   not apply to a navigation district, pilot board, pilot, or vessel   described by Section 71.002.          SECTION 2.  Subtitle B, Title 4, Transportation Code, is   amended by adding Chapter 71 to read as follows:   CHAPTER 71. CAMERON COUNTY PILOTS LICENSING AND REGULATORY ACT   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 71.001.  DEFINITIONS. In this chapter:                 (1)     "Consignee" means a person, including a master,   owner, agent, subagent, firm, or corporation or any combination of   those persons, who enters or clears a vessel at the office of the   collector of customs.                 (2)     "Navigation district" means a navigation district   included in:                       (A)     Subchapters C, D, E, F, G, and H, Chapter 60,   Water Code;                       (B)  Subchapter E, Chapter 61, Water Code; or                       (C)  Sections 62.154 through 62.159, Water Code.                 (3)     "Pilot" means a person who is licensed as a branch   pilot or certified as a deputy branch pilot under this chapter.                 (4)     "Pilot services" means acts of a pilot in piloting   through navigable water in this state and ports in which the pilot   is licensed or certified as a pilot.                 (5)     "Pilotage rate" means the remuneration a pilot may   charge a vessel for the pilot's services.                 (6)     "Port" means a place in this state into which a   vessel enters or from which a vessel departs. If the port connects   to the Gulf of Mexico, "port" includes the waterway leading from the   port to the Gulf of Mexico.                 (7)  "Vessel" means an oceangoing vessel.           Sec.   71.002.     APPLICABILITY OF CHAPTER. This chapter   applies only to:                 (1)  a navigation district located in Cameron County;                 (2)     the pilot board of a navigation district located   in Cameron County;                 (3)     a pilot serving in the jurisdiction of the pilot   board of a navigation district located in Cameron County; and                 (4)     a vessel in water under the jurisdiction of the   pilot board of a navigation district located in Cameron County.   SUBCHAPTER B. PILOT BOARDS OF NAVIGATION DISTRICTS   IN CAMERON COUNTY           Sec.   71.051.     PILOT BOARD; COMMISSIONERS OF PILOTS.   (a)   The   pilot board of a navigation district in Cameron County is composed   of that navigation district's navigation and canal commissioners.           (b)  A member of the pilot board is a commissioner of pilots.           Sec.   71.052.     TERM OF OFFICE. The term of office of a   commissioner of pilots of the pilot board of a navigation district   in Cameron County coincides with the person's term as a navigation   and canal commissioner of that navigation district.           Sec.   71.053.     DISQUALIFICATION. A person may not be a   commissioner of pilots of the pilot board of a navigation district   in Cameron County if the person is engaged directly or indirectly   in:                 (1)  a towing business;                 (2)  a pilot boat business; or                 (3)     another business affected by or connected with the   performance of the duties of a commissioner of pilots.           Sec.   71.054.     JURISDICTION. The pilot board of a navigation   district in Cameron County has exclusive jurisdiction over the   pilotage of a vessel between the Gulf of Mexico and a port of that   navigation district, including an intermediate stop or landing   place on a navigable stream in that navigation district.           Sec.   71.055.     POWERS OF PILOT BOARDS. The pilot board of a   navigation district in Cameron County may:                 (1)     appoint, suspend, or dismiss a branch pilot or   deputy branch pilot of a port in that navigation district;                 (2)     establish pilotage rates for service in that   board's jurisdiction; and                 (3)     adopt and enforce rules consistent with this   chapter regarding the appointment, qualification, or regulation of   branch pilots or deputy branch pilots in that board's jurisdiction   as necessary to govern those pilots and properly operate that   district's ports.   SUBCHAPTER C.   REGULATION OF BRANCH PILOTS   AND DEPUTY BRANCH PILOTS           Sec.   71.101.     PILOT QUALIFICATIONS. The pilot board of a   navigation district in Cameron County shall examine and determine   the qualifications of each applicant for the position of branch   pilot or deputy branch pilot in that navigation district before   licensing the branch pilot or certifying the deputy branch pilot,   as applicable.           Sec.   71.102.     QUALIFICATIONS FOR LICENSE AS BRANCH PILOT.   To be eligible for a license as a branch pilot in the jurisdiction   of the pilot board of a navigation district in Cameron County, a   person must:                 (1)  be at least 25 years of age;                 (2)  be a United States citizen;                 (3)     as of the date the license is issued, have resided   continuously in this state for at least one year;                 (4)     be licensed under federal law to act as a pilot on   vessels that navigate water on which the applicant will furnish   pilot services;                 (5)     have at least 30 months' service as a deputy branch   pilot or equivalent service piloting vessels on water in that   board's jurisdiction;                 (6)     have commanded or controlled the navigation of   vessels such as the person would pilot under the license;                 (7)     have extensive experience in the docking and   undocking of vessels;                 (8)  be in good mental and physical health;                 (9)  have good moral character;                 (10)     possess the requisite skill as a navigator and   pilot to perform competently and safely the duties of a branch   pilot;                 (11)     be selected for appointment by a branch pilot   licensed for water in that board's jurisdiction; and                 (12)     submit to the board written documentation from a   branch pilot licensed for water in that board's jurisdiction that   the person:                       (A)     has successfully completed a deputy branch   pilot training program approved by that board; and                       (B)     is recommended for licensing as a branch   pilot.           Sec.   71.103.     QUALIFICATIONS FOR CERTIFICATE AS DEPUTY   BRANCH PILOT. To be eligible for a certificate as a deputy branch   pilot in the jurisdiction of the pilot board of a navigation   district in Cameron County, a person must:                 (1)  be at least 25 years of age;                 (2)  be a United States citizen;                 (3)     hold a license under federal law to act as a pilot   on vessels that navigate water on which the applicant will furnish   pilot services;                 (4)  be in good mental and physical health;                 (5)  have good moral character;                 (6)     possess the requisite skill to perform competently   and safely the duties of a deputy branch pilot; and                 (7)     be selected for appointment by a branch pilot   licensed for water in that board's jurisdiction.           Sec.   71.104.     OATH; BOND. (a) A person appointed as a pilot   in the jurisdiction of the pilot board of a navigation district in   Cameron County must take the official oath before entering service   as a pilot under that board's jurisdiction. The oath shall be   endorsed on the bond required by Subsection (b).           (b)     Each pilot in the jurisdiction of the pilot board of a   navigation district in Cameron County must execute a $5,000 bond   payable to the governor and conditioned on compliance with the   laws, rules, and orders relating to pilots and on the faithful   performance of the pilot's duties.           (c)     Each bond must be approved by the applicable pilot board   and deposited in the office of the secretary of state.           Sec.   71.105.     ISSUANCE OF BRANCH PILOT LICENSE. (a) On the   filing of the bond and the taking of the oath required by Section   71.104, a commissioner of pilots of the applicable pilot board   shall certify to the governor that the branch pilot has qualified.           (b)     On receiving the certificate, the governor shall issue   to the branch pilot, in the name of the state and under the state   seal, a commission to serve as a branch pilot in the jurisdiction of   the applicable pilot board.           Sec.   71.106.     TERM OF BRANCH PILOT'S COMMISSION. (a) The   term of a branch pilot commission is four years.           (b)     If the pilot board of a navigation district dismisses a   branch pilot from service in that board's jurisdiction, the branch   pilot's commission expires.           Sec.   71.107.     APPOINTMENT OF DEPUTY BRANCH PILOT. (a) Only   a branch pilot licensed for water in the jurisdiction of the pilot   board of a navigation district in Cameron County may appoint a   deputy branch pilot to serve in that board's jurisdiction.           (b)     A branch pilot serving in the jurisdiction of the pilot   board of a navigation district in Cameron County may appoint two   deputy branch pilots, subject to that boa [Text truncated for display. Full text available on LegiScan.]