GALVESTON -- Five ship pilots' case against the Texas Gov. Greg Abbott and the Galveston-Texas City Pilots Association (Gal-Tex) was dismissed July 29 in Galveston District Court.
The suit alleged that the process through which pilots must apply for a license to pilot ships through the ports of Galveston County contributed to a monopoly by Gal-Tex, according to court documents for case no. 19-CV-1318.
The plaintiffs requested to apply for branch certification out of Galveston County while forgoing the established process. They argued that because an applicant cannot become licensed to pilot through the ports without becoming a member of Gal-Tex, the governor did not create rules that aligned with the APA, which would have allowed a process for an application that would exclude Gal-Tex.
The court found that the Galveston Act limits the role of the governor in this situation and the claims against the Board of Pilot Commissioners, which decides who is granted a license, was denied.
The court found that the pilots seeking licensure failed to present a case for jurisdiction and the court dismissed the suit and found that no resolution could be obtained through appeals.
In order to apply for a license in the area, pilots must submit a written application to the Board of Commissioners at Gal-Tex for approval. The plaintiffs, pilots Graylin Gant, Jay Heichelheim, Stephen Holt, Sherif Saudi and Charles Braden, filed suit, alleging this process was unconstitutional. The process to become licensed in Galveston County mandates that pilots must go through Gal-Tex regardless of their interest in affiliation with the company.
Gal-Tex is a private organization that dictates the need for pilots in the area, of which there are 16. When a pilot is needed, Gal-Tex contacts maritime media to begin the application process for Coast Guard-licensed pilots. Board members of the organization are appointed by the Texas governor.