GALVESTON COUNTY PILOTS LICENSING AND REGULATORY ACT

Tex. TRANSP Code ch. 67
in effect

Tex. TRANSP Code § 67.002. DEFINITIONS.

In this chapter: (1) "Board" means the board of pilot commissioners for Galveston County ports. (2) "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. (3) "Galveston County port" means a place in Galveston County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico. (4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter. (5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services. (6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot. (7) "Vessel" means an oceangoing vessel.

Tex. TRANSP Code § 67.003. APPLICABILITY OF CHAPTER.

(a) This chapter applies only to a Galveston County port. (b) This chapter does not affect the existing laws for ports in other counties, and those laws do not apply to ports located in Galveston County. SUBCHAPTER B. BOARD OF PILOT COMMISSIONERS

Tex. TRANSP Code § 67.011. BOARD.

The board of pilot commissioners for the ports of Galveston County is composed of five commissioners from Galveston County appointed by the governor with the advice and consent of the senate.

Tex. TRANSP Code § 67.012. PROHIBITED INTEREST.

A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in any business affected by or connected with the performance of the person's duties as a pilot commissioner.

Tex. TRANSP Code § 67.013. OATH.

Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

Tex. TRANSP Code § 67.014. TERM OF OFFICE.

(a) Board members serve staggered four-year terms of office. (b) A member holds office until the member's successor is appointed and qualified.

Tex. TRANSP Code § 67.015. JURISDICTION.

The board has exclusive jurisdiction over the piloting of vessels in Galveston County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

Tex. TRANSP Code § 67.016. ADMINISTRATION; RULES.

(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter. (b) The board may adopt rules to carry out this chapter.

Tex. TRANSP Code § 67.017. DUTIES.

The board shall: (1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Galveston County port; (2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot; (3) provide names of all qualified applicants for certificates to each pilot association office of Galveston County; (4) submit to the governor the names of persons who have qualified under this chapter to be appointed as branch pilots; (5) establish pilotage rates; (6) approve any changes of the locations for pilot stations; (7) establish times during which pilot services will be available; (8) hear and determine complaints relating to the conduct of pilots; (9) make recommendations to the governor concerning any pilot whose license or certificate should not be renewed or should be revoked; (10) adopt rules and issue orders to pilots and vessels when necessary to secure efficient pilot services; (11) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter; (12) provide penalties to be imposed on a person who is not a pilot for a Galveston County port and who pilots a vessel into or out of the port; and (13) approve a training program for deputy branch pilots.

Tex. TRANSP Code § 67.018. PILOT REVIEW BOARD.

The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Galveston County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

Tex. TRANSP Code § 67.019. UNFAIR DISCRIMINATION PROHIBITED.

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, religion, sex, ethnic origin, or national origin. (b) A person seeking a remedy for a violation of this section must bring suit in a district court in Galveston County.

Tex. TRANSP Code § 67.021. RULE OR RATE CHANGE.

(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage rate. (b) The board shall mail the notice and a copy of the proposed rule or change by registered mail to: (1) each pilot association office for Galveston County; and (2) all known consignees and all known associations of consignees operating in Galveston County. (c) The board shall post a copy of the proposed rule or change at the county courthouse for public inspection.

Tex. TRANSP Code § 67.022. JUDICIAL REVIEW.

Proceedings for judicial review of a board decision shall be brought in a district court in Galveston County. SUBCHAPTER C. PILOT LICENSES AND CERTIFICATES

Tex. TRANSP Code § 67.031. LICENSE OR CERTIFICATE REQUIRED.

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Galveston County ports in which the pilot services are to be provided.

Tex. TRANSP Code § 67.032. EXEMPTION.

The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates.

Tex. TRANSP Code § 67.033. QUALIFICATIONS FOR LICENSE.

To be eligible for a license as a branch pilot, 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 two years; (4) have at least two years' service as a deputy branch pilot and successfully complete the board-approved training program; (5) have controlled the navigation of vessels such as the person would pilot; (6) have extensive experience in the docking and undocking of vessels; (7) be in good mental and physical health; (8) have good moral character; and (9) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot.

Tex. TRANSP Code § 67.034. QUALIFICATIONS FOR CERTIFICATE.

To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; (2) be a United States citizen; (3) be appointed by a branch pilot; (4) be in good mental and physical health; (5) have good moral character; and (6) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot.

Tex. TRANSP Code § 67.035. APPLICATION FOR LICENSE OR CERTIFICATE.

To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the form and manner required by board rule.

Tex. TRANSP Code § 67.036. CONSIDERATION OF APPLICATION.

As part of its consideration of applications for licenses and certificates, the board may examine and decide on the qualifications of an applicant for the position of branch pilot or deputy branch pilot.

Tex. TRANSP Code § 67.037. BRANCH PILOT APPOINTMENT BY GOVERNOR.

(a) On filing of the bond and oath required by Section 67.039 , the board shall certify to the governor that a person licensed as a branch pilot has qualified. (b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from Galveston County ports. (c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for each Galveston County port.

Tex. TRANSP Code § 67.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots. (b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable. (c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

Tex. TRANSP Code § 67.039. OATH; BOND.

(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b). (b) Each pilot must execute a $25,000 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 board.

Tex. TRANSP Code § 67.040. TERMS OF LICENSES AND CERTIFICATES.

(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed. (b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed.

Tex. TRANSP Code § 67.041. BRANCH PILOT'S LICENSE RENEWAL.

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license. (c) Probable cause not to renew a license exists if the board finds that the license holder: (1) does not possess a qualification required by this chapter for pilots; or (2) has a disability that will affect the license holder's ability to serve as a pilot. (d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license. (e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license. (f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if: (1) the pilot does not contest the board's decision not to renew the license; or (2) the board after a hearing finds that it has probable cause not to renew the license. (g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed.

Tex. TRANSP Code § 67.042. DEPUTY BRANCH PILOT.

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

Tex. TRANSP Code § 67.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than six months or recommend that the governor revoke a branch pilot's license if the board finds that the pilot has: (1) failed to demonstrate and maintain the qualifications for a license required by this chapter; (2) used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot's ability to perform the pilot's duties skillfully and efficiently; (3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently; (4) violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot's duties at the time of the violation; (5) made a material misstatement in the application for a license; (6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation; (7) charged a pilotage rate other than that approved by the board; (8) intentionally refused to pilot a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel would have constituted a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services; (9) been absent from duty in violation of board rules and without authorization; (10) aided or abetted another pilot in failing to perform the other pilot's duties; or (11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty. (b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and: (1) suspends the license for a stated period; or (2) recommends to the governor revocation of the license. (c) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. If the board's order is appealed, the governor may not revoke the license until the order is upheld on appeal. (d) A suspension of a license on the recommendation of a pilot review board takes effect on adoption of the board's order. A revocation of a branch pilot's license takes effect on issuance of the governor's decision.

Tex. TRANSP Code § 67.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE.

A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 67.043 .

Tex. TRANSP Code § 67.045. LIABILITY TO PILOT.

(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are liable to a pilot, on written demand, for the amount of the applicable pilotage rate. (b) In an action to recover compensation under Subsection (a), the court may include in a judgment in favor of a pilot an award of court costs and reasonable attorney's fees. SUBCHAPTER D. PILOTAGE RATES

Tex. TRANSP Code § 67.061. PILOTAGE RATE CHANGE.

The board may not change pilotage rates before the first anniversary of the preceding rate change.

Tex. TRANSP Code § 67.062. PILOTAGE RATE CHANGE APPLICATION.

(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by: (1) one or more pilots; or (2) the owner, agent, or consignee of a vessel navigating to or from a Galveston County port. (b) The application must contain: (1) a brief statement of the circumstances that warrant the change; and (2) a certification that the applicant has submitted copies of the application to all known pilots, consignees, and associations of consignees operating in Galveston County at the time of the application.

Tex. TRANSP Code § 67.063. OBJECTION; HEARING.

(a) If, not later than the 20th day after the date notice is sent, a commissioner receives a written objection to the application from any person who appears to have a legitimate interest in the application, the board shall hold a hearing as provided by this section. (b) The board shall hold the hearing not later than the 20th day after the date the 20-day period provided by Subsection (a) expires. (c) The board shall give notice of the hearing to: (1) each applicant; (2) each person objecting to the application; and (3) any other person the board determines is interested in the proceedings. (d) The hearing shall be open to the public and held at a convenient public place in one of the ports that would be affected by the change. Each party who demonstrates a legitimate interest in the application is entitled to be heard, to present evidence, and, to the extent the board considers practical, to cross-examine testifying witnesses.

Tex. TRANSP Code § 67.064. BOARD ACTION ON APPLICATION.

(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 67.063 (a), the board shall act on the application without further proceedings. (b) If a hearing is held as provided by Section 67.063 , the board shall grant, deny, or modify the application after receipt of the evidence offered by the parties and arguments and briefs requested by the board.

Tex. TRANSP Code § 67.065. PILOT FINANCIAL REPORT.

(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve the port for which the rates are being considered shall submit in writing to the board and to any party designated by the board complete accounts of: (1) all amounts received from performing pilot services, organized by categories or classifications of rates, if rates are set in that manner; (2) all earnings from capital assets devoted to providing pilot services; (3) all expenses incurred in connection with activities for which amounts described by Subdivisions (1) and (2) were received and earned; and (4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates. (b) The pilots shall provide the information for: (1) the calendar or fiscal year preceding the date of the pilotage rate change application; and (2) the subsequent period to within 60 days of the date of the application. (c) The board may require relevant additional information it considers necessary to determine a proper pilotage rate.

Tex. TRANSP Code § 67.066. FACTORS FOR BOARD CONSIDERATION.

In acting on a pilotage rate change application, the board shall consider: (1) characteristics of vessels to be piloted; (2) the average number of hours spent by a pilot in performing pilot services; (3) costs to pilots to provide the required pilot services; (4) the effect, including economic factors affecting the shipping industry in the area, that the granting, refusal, or modification of the application would have on Galveston County ports and the persons residing in the board's jurisdiction; (5) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with pilot duties; and (6) the relationship between the pilotage rates in Galveston County ports and the rates applicable in other ports of this state and in competitive ports in other states.

Tex. TRANSP Code § 67.067. BOARD ACTION.

(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as provided by Subsection (b). (b) Any party aggrieved by the board's order may, after exhausting all administrative remedies, appeal the order to a court.

Tex. TRANSP Code § 67.068. REPORTING AND STENOGRAPHIC COSTS.

(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a hearing against one or more of the applicants and objecting parties. (b) The board may require that an applicant or objecting party deposit an amount against those costs as a condition of presenting an application or objection.

Tex. TRANSP Code § 67.069. ORDER FILED.

(a) The board shall file a copy of its order with the county clerk. (b) The board shall file the order not later than the 20th day after: (1) the closing date of a hearing held as provided by Section 67.063 (b); or (2) if the hearing is not held, the expiration of the period provided by Section 67.063 (a).

Tex. TRANSP Code § 67.070. EMERGENCY PILOTAGE RATES.

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: (1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and (2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures. (b) In adopting emergency pilotage rates, the board is not required to comply with the procedures in this chapter or in its rules relating to adoption of pilotage rates. (c) Emergency pilotage rates may not be appealed. (d) The board shall adopt rules to carry out this section.

Tex. TRANSP Code § 67.071. PILOT SERVICES REQUIRED.

The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

Tex. TRANSP Code § 67.072. PILOTAGE RATE LIABILITY.

(a) A pilot who charges a pilotage rate for pilot services different from the pilotage rates established under this chapter for the port in which the pilot serves is liable to each person who was charged the different rate for double the amount of pilotage. (b) A court may include in a judgment in favor of a person who files suit to collect an amount owed under this chapter an award to cover court costs and reasonable attorney's fees.

Tex. TRANSP Code § 67.073. RECOVERY OF COMPENSATION.

A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the service. SUBCHAPTER E. PILOT LIABILITY

Tex. TRANSP Code § 67.081. 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.

Tex. TRANSP Code § 67.082. PILOT LIABILITY.

A pilot is not liable directly or as a member of an organization of pilots for a 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.

Tex. TRANSP Code § 67.083. PILOT LIABILITY LIMITED.

(a) A pilot providing pilot services 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; (2) liability for exemplary damages for gross negligence of the pilot and for which no other person 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.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026