Relating to the liability of a pilot performing pilot services on Matagorda and Lavaca Bays.

89(R) HB 2680 - Introduced version - Bill Text

89R3872 AND-F

By: Lozano

H.B. No. 2680

A BILL TO BE ENTITLED

AN ACT

relating to the liability of a pilot performing pilot services on

Matagorda and Lavaca Bays.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 65, Transportation Code, is amended by

designating Sections 65.001 through 65.003 as Subchapter A and

adding a subchapter heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 2. Chapter 65, Transportation Code, is amended by

adding Subchapter B to read as follows:

SUBCHAPTER B. PILOT LIABILITY

Sec. 65.051. DEFINITIONS. In this subchapter:

(1)

"Pilot" means a person who is appointed as a pilot

under this chapter.

(2)

"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 appointed as a pilot.

Sec. 65.052. 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.

65.053.

PILOT LIABILITY. A pilot 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.

65.054.

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 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.

SECTION 3. (a) Section 65.053, 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 65.054, 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.