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.