Texas 2025 - 89th Regular

Texas House Bill HB2680 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3872 AND-F
2	2	By: Lozano H.B. No. 2680
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the liability of a pilot performing pilot services on
10	10	Matagorda and Lavaca Bays.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 65, Transportation Code, is amended by
13	13	designating Sections 65.001 through 65.003 as Subchapter A and
14	14	adding a subchapter heading to read as follows:
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	SECTION 2. Chapter 65, Transportation Code, is amended by
17	17	adding Subchapter B to read as follows:
18	18	SUBCHAPTER B. PILOT LIABILITY
19	19	Sec. 65.051. DEFINITIONS. In this subchapter:
20	20	(1) "Pilot" means a person who is appointed as a pilot
21	21	under this chapter.
22	22	(2) "Pilot services" means acts of a pilot in
23	23	conducting a vessel through the navigable water in this state and
24	24	the ports in which the pilot is appointed as a pilot.
25	25	Sec. 65.052. PURPOSE. The purpose of this subchapter is to:
26	26	(1) in the public interest, stimulate and preserve
27	27	maritime commerce on the pilotage grounds of this state by limiting
28	28	and regulating the liability of pilots; and
29	29	(2) maintain pilotage fees at reasonable amounts.
30	30	Sec. 65.053. PILOT LIABILITY. A pilot is not liable
31	31	directly or as a member of an organization of pilots for any claim
32	32	that:
33	33	(1) arises from an act or omission of another pilot or
34	34	organization of pilots; and
35	35	(2) relates directly or indirectly to pilot services.
36	36	Sec. 65.054. PILOT LIABILITY LIMITED. (a) A pilot
37	37	providing pilot services is not liable for more than $1,000 for
38	38	damage or loss caused by the pilot's error, omission, fault, or
39	39	neglect in the performance of the pilot services, except as
40	40	provided by Subsection (b).
41	41	(b) Subsection (a) does not apply to:
42	42	(1) damage or loss that arises because of wilful
43	43	misconduct or gross negligence of the pilot;
44	44	(2) liability for exemplary damages for gross
45	45	negligence of the pilot and for which no other person is jointly or
46	46	severally liable; or
47	47	(3) an act or omission relating to the ownership and
48	48	operation of a pilot boat unless the pilot boat is directly involved
49	49	in pilot services other than the transportation of pilots.
50	50	(c) This section does not exempt a vessel or its owner or
51	51	operator from liability for damage or loss caused by the vessel to a
52	52	person or property on the grounds that:
53	53	(1) the vessel was piloted by a pilot; or
54	54	(2) the damage or loss was caused by the error,
55	55	omission, fault, or neglect of a pilot.
56	56	(d) In an action brought against a pilot for an act or
57	57	omission for which liability is limited as provided by this section
58	58	and in which other claims are made or anticipated with respect to
59	59	the same act or omission, the court shall dismiss the proceedings as
60	60	to the pilot to the extent the pleadings allege pilot liability that
61	61	exceeds $1,000.
62	62	SECTION 3. (a) Section 65.053, Transportation Code, as
63	63	added by this Act, applies only to an act or omission that occurs on
64	64	or after the effective date of this Act. An act or omission that
65	65	occurs before the effective date of this Act is governed by the law
66	66	in effect on the date the act or omission occurred, and the former
67	67	law is continued in effect for that purpose.
68	68	(b) Section 65.054, Transportation Code, as added by this
69	69	Act, applies only to an action commenced on or after the effective
70	70	date of this Act. An action commenced before the effective date of
71	71	this Act is governed by the law applicable to the action immediately
72	72	before the effective date of this Act, and that law is continued in
73	73	effect for that purpose.
74	74	SECTION 4. This Act takes effect September 1, 2025.