HB2680 - Relating to the liability of a pilot performing pilot services on Matagorda and Lavaca Bays.

  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.