(a) A consignee having control of a vessel shall obtain a pilot to provide pilot services when the vessel is under way or otherwise moving on a river, bay, harbor, or port in this state unless the vessel is:
(1) documented as a United States vessel and licensed for and engaged in coastwise trade;
(2) a public vessel;
(3) of 20 gross tons or less;
(4) a motorboat registered in this state; or
(5) subject to Subsection (b), in distress or jeopardy.
(b) A consignee having control of a vessel that is in distress or jeopardy shall take on a pilot as soon as the pilot arrives at the vessel.