SB1353

Local oversight continues. Navigation and canal commissioners serve as the pilot board, with matching terms and business-conflict restrictions. The board oversees pilotage between the Gulf and district ports, sets rates, regulates qualifications and may appoint, suspend or dismiss pilots. Suspension or dismissal requires misconduct, inefficiency or intoxication on duty and a hearing allowing testimony and defense. These provisions have counterparts in the prior Chapter 62 framework; the bill does not newly invent local oversight. Final law, sections 71.051-71.055 and 71.108; Prior conflicts rule; Prior jurisdiction; Prior hearing protection.

Branch-pilot eligibility is more explicit. An applicant must be at least 25, a U.S. citizen, continuously resident in Texas for the preceding year when licensed, federally licensed for the relevant waters, and have at least 30 months of deputy or equivalent local piloting service. Other requirements include vessel-command/navigation and extensive docking experience, health, character and skill, selection by a licensed local branch pilot, and documentation of board-approved deputy training and a branch pilot’s recommendation. Previously, section 62.041 required board examination and a board-set Texas-residence period of no more than two years. Federal licensing was already required by section 61.011. Final law, sections 71.101-71.102; Prior qualifications; Existing federal-license requirement; Federal licensing law.

Deputies also must be at least 25, U.S. citizens, federally licensed for the relevant waters, healthy, of good character and suitably skilled, and selected by a licensed local branch pilot. The deputy provision does not repeat the branch applicant’s one-year residency, 30-month service or completed-training requirements. Each defined pilot must take the oath and provide a $5,000 bond conditioned on faithful service and compliance with laws, rules and orders; the old oath and bond provision specifically addressed branch pilots. The board approves the bond for deposit with the secretary of state; after qualification is certified, the governor issues the branch commission. Branch commissions remain four years and expire on dismissal. A branch pilot may appoint two deputies with board examination and approval, and more if the board considers it advisable; unauthorized appointments forfeit the branch appointment. The act also retains the branch pilot’s responsibility for deputies’ acts, alongside the separate liability protections below. Final law, sections 71.103-71.107; Prior branch-pilot bond; Prior commission term; Prior deputy appointments.

Charges for unused or unauthorized services change. A vessel moving in the board’s channels or waterways without a local pilot and failing to use available pilot services owes twice the applicable pilotage rate to the first local pilot requesting payment; its consignee (the person or business entering or clearing the vessel at customs) is responsible. Prior sections 62.065 and 62.066 used half-pilotage for specified entry/exit situations. Someone providing unauthorized services to a moving vessel for which a pilot is required owes an authorized pilot twice the current scheduled rate, replacing Chapter 62’s $50 provision with its offer-of-service condition. A pilot may sue to recover the specified payments; reasonable attorney fees and court costs are expressly available to a prevailing pilot recovering the unauthorized-service payment. Rates still must be fair and just, filed and followed. Final law, sections 71.152-71.156; Prior entry charge; Prior exit charge; Prior unauthorized-pilot payment; Prior rate rules.

The charge section generally excludes vessels of 20 tons or less and federally excepted vessels, but expressly says charges apply to autonomous vessels of any gross tonnage notwithstanding that exclusion. This states the Texas provision; it is not a conclusion that Texas can override federal law. Federal law limits state pilot requirements for specified coastwise vessels and prohibits state pilot charges on vessels lawfully piloted under the federal-pilot requirement. Chapter 61 also separately addresses compulsory pilotage and its exceptions; SB1353 does not repeal that chapter. Final law, section 71.151; Existing state compulsory-pilotage exceptions; Federal limits on state pilot regulation; Federal pilotage and charge protection.

Pilot liability is limited, not universally erased. Section 71.202 protects a covered pilot, personally or as an organization member, from claims arising from another pilot’s or pilot organization’s act or omission and related directly or indirectly to pilot services. Section 71.203 generally caps a pilot’s liability at $1,000 for loss caused by the pilot’s error, omission, fault or neglect while providing covered pilot services. Its gross-negligence/wilful-misconduct and gross-negligence exemplary-damages exceptions apply where no other person or vessel itself is jointly or severally liable. The pilot-boat ownership/operation exception also has a qualification: the cap can still apply when the boat is directly involved in pilot services beyond transporting pilots. These conditions matter; the statute is not a simple statement that all gross negligence is uncapped. Final law, sections 71.201-71.203.

Vessel, owner and operator liability is preserved. Where other claims concerning the same act or omission are made or anticipated, the court must dismiss claims against a protected pilot to the extent they exceed $1,000. The two protections have different transition rules: section 71.202 applies to acts or omissions on or after September 1, 2025; section 71.203 applies to actions commenced on or after that date. Earlier acts or actions, respectively, remain governed by the prior law. Final law, sections 71.203(c)-(d) and 3.

No separate amendments are indexed. The substantive text matches across all five versions: introduced, Senate committee, Senate-passed, House committee and enrolled. The qualifications, charges and liability provisions were not later floor additions. Introduced; Senate committee; Senate-passed; House committee; Final law; Version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Covered pilots gain express liability protections and stronger recovery provisions for unused or unauthorized services. Applicants must meet the detailed licensing rules; vessel operators and consignees may face larger payments in the specified circumstances. Injured parties may have less recovery available from a protected pilot, although the law preserves vessel/owner/operator liability. The act states goals of preserving maritime commerce and reasonable pilotage fees, but does not guarantee lower rates, fewer accidents or a particular compensation outcome. Final law.

The March 20 fiscal note anticipates no significant fiscal impact on the state or local governments and assumes state costs can be absorbed with existing resources. It does not quantify private pilot earnings, vessel charges or losses affected by liability limits. The act makes no appropriation. Fiscal note; Final law.