Sec. 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.