CHAPTER 2351. STEVEDORES - Texas Statutes

OCCUPATIONS CODE

TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION

SUBTITLE B. REGULATIONS RELATED TO VESSELS

CHAPTER 2351. STEVEDORES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2351.001. DEFINITION. In this chapter, "contracting

stevedore" means a person, firm or association of persons, or

corporation that contracts with another person or corporation,

including an agent, owner, master, manager, or captain of a

vessel, to load or unload a vessel.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

SUBCHAPTER B. BOND AND LICENSE REQUIREMENTS

Sec. 2351.051. BOND AND LICENSE REQUIRED. A contracting

stevedore must execute a bond and obtain a license in each county

in which the contracting stevedore engages in business as a

contracting stevedore.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

Sec. 2351.052. BOND TERMS AND CONDITIONS. (a) A bond executed

under this subchapter must:

(1) be in the amount of $5,000;

(2) be conditioned that the contracting stevedore will:

(A) on Saturday of each week pay wages promptly according to the

agreed wage scale to each laborer who engaged in loading and

unloading a vessel; and

(B) perform each agreement the contracting stevedore enters into

with a laborer with respect to the loading and unloading of a

vessel; and

(3) be payable to the county judge of the county in which the

contracting stevedore does business as trustee for any person who

may be entitled to recover under the bond.

(b) The bond must be made with:

(1) a surety company authorized to do business in this state; or

(2) two or more good and sufficient sureties, each of whom is a

resident of this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

Sec. 2351.053. APPROVAL AND RECORDING OF BOND. (a) The bond

must be approved by the county clerk of the county in which the

contracting stevedore engages in business.

(b) The county clerk shall file and record the bond.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

Sec. 2351.054. LICENSE APPLICATION AND ISSUANCE. (a) Before

engaging in business as a contracting stevedore in any county,

the contracting stevedore must file a written application for a

license with the county clerk.

(b) The county clerk shall issue the license on:

(1) approval of the bond executed under this subchapter; and

(2) receipt of a $5 license fee.

(c) The county clerk shall deposit the license fee into the

general fund of the county.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

Sec. 2351.055. ANNUAL RENEWAL. A contracting stevedore must

execute a new bond and obtain a new license on each anniversary

of the date the former license is issued.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

SUBCHAPTER C. ENFORCEMENT PROVISIONS

Sec. 2351.101. CRIMINAL PENALTY. (a) A contracting stevedore

commits an offense if the contracting stevedore engages in

business as a contracting stevedore without first executing the

bond and obtaining the license required by Section 2351.051.

(b) An offense under this section is punishable by a fine of not

less than $100 or more than $500.

(c) Each day of violation is a separate offense.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.

Sec. 2351.102. SUIT ON BOND. (a) A person to whom wages are

not paid as required by Section 2351.052(a)(2) may bring suit and

recover under the bond executed under Subchapter B.

(b) The bond may be sued on until:

(1) the full amount of the bond is exhausted; or

(2) suits sufficient to exhaust the bond are pending.

(c) If a bond is exhausted under this section, the contracting

stevedore shall execute and file a new bond that meets the

requirements of Subchapter B.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,

2003.