Relating to the licensing and regulation of pilots in the jurisdiction of the pilot board of a navigation district located in Cameron County, the official text

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 board's examination and

approval.

(c) A branch pilot may appoint an additional deputy branch

pilot under this section if the applicable pilot board considers

the appointment advisable.

(d) A branch pilot who appoints a deputy branch pilot under

this section is responsible for the acts of the deputy branch pilot.

(e) A branch pilot who appoints a deputy branch pilot under

this section without the approval of the applicable pilot board

forfeits the pilot's appointment as a branch pilot.

Sec. 71.108. SUSPENSION OR DISMISSAL OF PILOT. The pilot

board of a navigation district in Cameron County may suspend or

dismiss a pilot only:

(1) for misconduct, inefficiency, or intoxication on

duty; and

(2) after a hearing on the accusation is held before

the pilot board at which there is opportunity for testimony and

defense.

SUBCHAPTER D. PILOTAGE CHARGES AND PILOTAGE RATE LIABILITY

Sec. 71.151. APPLICABILITY OF PILOTAGE CHARGES TO CERTAIN

VESSELS. (a) Pilotage charges under this chapter do not apply to:

(1) a vessel of 20 tons or less; or

(2) a vessel that is excepted by a federal statute or

regulation.

(b) Notwithstanding Subsection (a), pilotage charges under

this chapter apply to an autonomous vessel of any gross tonnage.

Sec. 71.152. PILOTAGE CHARGES. (a) A pilotage rate charged

by a pilot under this chapter must be fair and just.

(b) A pilot shall furnish a schedule of pilotage rates under

this chapter that must be on file at all times in the office of the

navigation district's commissioners.

(c) Each time a change in the pilotage rates charged by a

pilot under this chapter occurs, the pilot must file a revised

schedule.

(d) A pilot shall strictly follow the schedule of rates on

file in the office of the navigation district's commissioners.

Sec. 71.153. CONSIGNEE LIABILITY FOR PILOT SERVICES. The

consignee of a vessel is liable to a pilot for the pilotage of the

vessel under this chapter.

Sec. 71.154. LIABILITY OF CERTAIN VESSELS DECLINING PILOT

SERVICES. (a) A vessel that, without the aid of a pilot serving in

the jurisdiction of the pilot board of a navigation district in

Cameron County, moves or is otherwise under way on any channel or

waterway in that board's jurisdiction and that fails to use pilot

services available from pilots serving in that jurisdiction, is

liable for the payment of twice the applicable pilotage rate to the

first pilot serving in that jurisdiction who requests payment.

(b) The consignee of a vessel is responsible for the payment

for pilot services available but not used under Subsection (a).

Sec. 71.155. UNAUTHORIZED PILOT LIABILITY. A person, other

than a pilot, who provides pilot services to a vessel under way or

otherwise moving for which a pilot is required out of or into a

port, channel, or waterway under the exclusive jurisdiction of the

pilot board of a navigation district in Cameron County is liable to

any pilot authorized to provide pilot services in the port,

channel, or waterway for a payment of twice the current rate that

would be charged under the pilot's schedule of pilotage rates for

the pilot services.

Sec. 71.156. RECOVERY OF PILOTAGE CHARGES. (a) A pilot may

bring an action to recover compensation for pilotage or services

offered, including:

(1) pilot services rendered in accordance with Section

71.152 to a vessel in the jurisdiction of the pilot board of a

navigation district in Cameron County;

(2) payment under Section 71.154 for pilot services

available but not used; and

(3) payment under Section 71.155 for unauthorized

pilot services.

(b) A pilot prevailing in an action brought under this

section to recover payment under Section 71.155 is entitled to

recover the pilot's court costs and reasonable attorney's fees.

SUBCHAPTER E. PILOT LIABILITY

Sec. 71.201. 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 limiting

and regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable amounts.

Sec. 71.202. PILOT LIABILITY. A pilot serving in the

jurisdiction of the pilot board of a navigation district in Cameron

County is not liable directly or as a member of an organization of

pilots for any claim that:

(1) arises from an act or omission of another pilot or

organization of pilots; and

(2) relates directly or indirectly to pilot services.

Sec. 71.203. PILOT LIABILITY LIMITED. (a) A pilot

providing pilot services in the jurisdiction of the pilot board of a

navigation district in Cameron County is not liable for more than

$1,000 for damage or loss caused by the pilot's error, omission,

fault, or neglect in the performance of the pilot services, except

as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful

misconduct or gross negligence of the pilot and for which no other

person or vessel in rem is jointly or severally liable;

(2) liability for exemplary damages for gross

negligence of the pilot and for which no other person or vessel in

rem is jointly or severally liable; or

(3) an act or omission relating to the ownership and

operation of a pilot boat unless the pilot boat is directly involved

in pilot services other than the transportation of pilots.

(c) This section does not exempt a vessel or its owner or

operator from liability for damage or loss caused by the vessel to a

person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error,

omission, fault, or neglect of a pilot.

(d) In an action brought against a pilot for an act or

omission for which liability is limited as provided by this section

and in which other claims are made or anticipated with respect to

the same act or omission, the court shall dismiss the proceedings as

to the pilot to the extent the pleadings allege pilot liability that

exceeds $1,000.

SECTION 3. (a) Section 71.202, Transportation Code, as

added by this Act, applies only to an act or omission that occurs on

or after the effective date of this Act. An act or omission that

occurs before the effective date of this Act is governed by the law

in effect on the date the act or omission occurred, and the former

law is continued in effect for that purpose.

(b) Section 71.203, Transportation Code, as added by this

Act, applies only to an action commenced on or after the effective

date of this Act. An action commenced before the effective date of

this Act is governed by the law applicable to the action immediately

before the effective date of this Act, and that law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1353 passed the Senate on

April 10, 2025, by the following vote: Yeas 30, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1353 passed the House on

May 23, 2025, by the following vote: Yeas 100, Nays 39, one

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor