Tex. Transp. Code Section 68.044
Suspension or Revocation of Branch Pilot’s License


(a)

On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot’s license for not more than six months or recommend that the governor revoke a branch pilot’s license if the board finds that the pilot has:

(1)

failed to demonstrate and maintain the qualifications for a license required by this chapter;

(2)

used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot’s ability to perform the pilot’s duties skillfully and efficiently;

(3)

used alcohol to an extent that impairs the pilot’s ability to perform the pilot’s duties skillfully and efficiently;

(4)

violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot’s duties at the time of the violation;

(5)

made a material misstatement in the application for a license;

(6)

obtained or attempted to obtain a license under this chapter by fraud or misrepresentation;

(7)

charged a pilotage rate other than that approved by the board;

(8)

intentionally refused to pilot a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel constitutes a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services;

(9)

been absent from duty in violation of board rules and without authorization;

(10)

aided or abetted another pilot in failing to perform the other pilot’s duties; or

(11)

been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty.

(b)

On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and:

(1)

suspends the license for a stated period; or

(2)

recommends to the governor revocation of the license.

(c)

The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. If the board’s order is appealed, the governor may not revoke the license until the order is upheld on appeal.

(d)

A suspension of a license on the recommendation of a pilot review board takes effect on adoption of the board’s order. A revocation of a branch pilot’s license takes effect on issuance of the governor’s decision.

(e)

The board shall immediately give notice to the Brazos Pilots Association, by certified mail, of a revocation or suspension under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Source: Section 68.044 — Suspension or Revocation of Branch Pilot's License, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­68.­htm#68.­044 (accessed May 18, 2024).

68.001
Short Title
68.002
Definitions
68.003
Applicability of Chapter
68.004
Venue
68.011
Board
68.012
Prohibited Interest
68.013
Oath
68.014
Term of Office
68.015
Jurisdiction
68.016
Administration
68.017
Duties
68.018
Pilot Review Board
68.019
Unfair Discrimination Prohibited
68.020
Open Meetings Law
68.021
Rule or Rate Change
68.022
Judicial Review
68.031
License or Certificate Required
68.032
Exemption
68.033
Qualifications for License
68.034
Qualifications for Certificate
68.035
Application for License or Certificate
68.036
Consideration of Application
68.037
Branch Pilot Appointment by Governor
68.038
Deputy Branch Pilot Appointment by Branch Pilot
68.039
Oath
68.040
Terms of Licenses and Certificates
68.041
Branch Pilot’s License Renewal
68.042
Deputy Branch Pilot
68.043
Health and Drug Certification
68.044
Suspension or Revocation of Branch Pilot’s License
68.045
Suspension or Revocation of Deputy Branch Pilot’s Certificate
68.046
Liability to Pilot
68.061
Pilotage Rate Change
68.062
Pilotage Rates
68.063
Pilotage Rate Change Application
68.064
Objection
68.065
Board Action on Application
68.066
Pilot Financial Report
68.067
Factors for Board Consideration
68.068
Board Action
68.069
Reporting and Stenographic Costs
68.070
Order Filed
68.071
Emergency Pilotage Rates
68.072
Pilot Services Required
68.073
Pilotage Rate Liability
68.074
Recovery of Compensation
68.081
Purpose
68.082
Pilot Liability
68.083
Pilot Liability Limited
68.091
Pilots Association
68.092
Association Purposes
68.093
Officers
68.094
Term of Office
68.095
Property
68.096
Independent Contractor
68.097
Fee Collection
68.098
Operating Budget
68.099
Service Fees
68.100
Fee Distribution
68.101
Association Services
68.102
Transfer of Property
68.103
Share Valuation
68.104
Transfer of Shares
68.105
Facilities Fee
68.106
Limitation on Share Ownership
68.107
Retirement Benefits

Accessed:
May 18, 2024

§ 68.044’s source at texas​.gov