TRANSPORTATION CODE

TITLE 4. NAVIGATION

SUBTITLE B. PILOTS

CHAPTER 64. RATES OF PILOTAGE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.