Texas Health And Safety Code Title 6, Chapter 436 - Aquatic Life

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 436.001 - Short Title
  This chapter may be cited as the Texas Aquatic Life Act. Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
• Texas Section 436.002 - Definitions
  In this chapter: (1) "Approved area" means a molluscan shellfish growing area determined to be acceptable for harvesting of molluscan shellfish for direct marketing according...

SUBCHAPTER B PROHIBITED ACTS

• Texas Section 436.003 - Health Authority Power To Delegate
  A health authority may delegate any power or duty imposed on the health authority in this chapter to an employee of the local health department,...

SUBCHAPTER C ENFORCEMENT

• Texas Section 436.011 - Prohibited Acts
  The following acts and the causing of the following acts within this state are unlawful and prohibited: (1) taking, selling, offering for sale, or holding...
• Texas Section 436.021 - Definition
  In this subchapter, "detained or embargoed article" means molluscan shellfish or crabmeat that has been detained or embargoed under Section 436.028. Amended by Acts 1993,...
• Texas Section 436.022 - Inspection
  (a) The department or a health authority may, on presenting appropriate credentials to the owner, operator, or agent in charge: (1) enter at reasonable times,...
• Texas Section 436.023 - Access To Records
  A person who is required to maintain records under this chapter or a department rule or a person who is in charge or custody of...
• Texas Section 436.024 - Access To Records Showing Movement In Commerce
  (a) A commercial carrier or other person receiving or holding molluscan shellfish or crabmeat in commerce on request shall permit the department or health authority...
• Texas Section 436.025 - Emergency Order
  (a) The department may issue an emergency order that mandates or prohibits the taking, processing, or sale of molluscan shellfish or crabmeat in the department's...
• Texas Section 436.026 - Violation; Injunction
  (a) The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation or a threat...
• Texas Section 436.027 - Civil Penalty
  (a) At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district or county...
• Texas Section 436.028 - Detained Or Embargoed Article
  (a) The department may detain or embargo molluscan shellfish or crabmeat if the department believes or has probable cause to believe that the molluscan shellfish...
• Texas Section 436.029 - Removal Order For Detained Or Embargoed Article
  (a) The department may order the claimant or the claimant's agent to move a detained or embargoed article to a secure place to prevent the...
• Texas Section 436.030 - Recall From Commerce
  (a) The department may order a recall of molluscan shellfish or crabmeat with: (1) the detention or embargo of molluscan shellfish or crabmeat; (2) the...
• Texas Section 436.031 - Condemnation
  If molluscan shellfish or crabmeat is adulterated or misbranded, an action for the condemnation of the molluscan shellfish or crabmeat may be filed in a...
• Texas Section 436.032 - Destruction Of Molluscan Shellfish Or Crabmeat
  (a) The court may order the destruction of sampled, detained, or embargoed molluscan shellfish or crabmeat if the court finds that the article is adulterated...
• Texas Section 436.033 - Correction By Proper Labeling
  (a) A court may order the delivery of sampled, detained, or embargoed molluscan shellfish or crabmeat that is misbranded to the claimant for relabeling under...
• Texas Section 436.034 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who violates Section 436.011 or an order issued under this chapter. (b) In determining...
• Texas Section 436.035 - Administrative Penalty Assessment Procedure
  (a) The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing. (b) If...
• Texas Section 436.036 - Payment Of Administrative Penalty
  (a) Not later than the 30th day after the date an order is issued under Section 436.035(d), the department shall notify the person against whom...
• Texas Section 436.037 - Refund Of Administrative Penalty
  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order...
• Texas Section 436.038 - Criminal Penalty; Defenses
  (a) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence commits an unlawful act under Section 436.011. (b) A...
• Texas Section 436.039 - Initiation Of Proceedings
  The attorney general or a district, county, or municipal attorney to whom the department or a health authority reports a violation of this chapter shall...

SUBCHAPTER D ADULTERATED AQUATIC LIFE

• Texas Section 436.040 - Minor Violation
  This chapter does not require the department or a health authority to report for prosecution a minor violation of this chapter if the department or...

SUBCHAPTER E MISBRANDING

• Texas Section 436.061 - Adulterated Aquatic Life
  (a) A species of aquatic life is adulterated if it has been taken from an area declared prohibited for that species by the department. (b)...

SUBCHAPTER F LABELING AND PACKAGING

• Texas Section 436.071 - Misbranded Molluscan Shellfish And Crabmeat
  Molluscan shellfish or crabmeat is misbranded if: (1) its labeling is false, misleading, or fails to conform with the requirements of Section 436.081; (2) it...
• Texas Section 436.081 - Fair Packaging And Labeling
  (a) A label on molluscan shellfish or crabmeat shall conform to the requirements for the declaration of net quantity of contents under Section 1453, Fair...

SUBCHAPTER G AQUATIC LIFE FROM PROHIBITED AREAS

• Texas Section 436.082 - False Advertisement
  An advertisement of molluscan shellfish or crabmeat is false if it is false or misleading in any manner. Added by Acts 1993, 73rd Leg., ch....

SUBCHAPTER H MOLLUSCAN SHELLFISH

• Texas Section 436.091 - Declaration Of Prohibited Areas
  (a) The department by order shall declare a body of public water to be a prohibited area if: (1) the department finds, according to a...
• Texas Section 436.101 - Classification Of Growing Areas
  (a) The department by order shall designate an area that is coastal water according to the rules of the Parks and Wildlife Commission as an...
• Texas Section 436.102 - Depuration
  (a) The department may allow depuration by artificial means of molluscan shellfish taken from a restricted or conditionally restricted area, subject to department rules and...
• Texas Section 436.103 - Fee On Oyster Sales; Penalties
  (a) The first certified shellfish dealer who harvests, purchases, handles, stores, packs, labels, unloads at dockside, or holds oysters taken from the water of this...
• Texas Section 436.104 - Oyster Program
  (a) The department shall conduct sanitary surveys, bay water and shellfish meat sampling, and any other activities that are necessary to classify the bays from...
• Texas Section 436.105 - Temperature Requirements
  Following initial refrigeration after unloading from a harvest boat, molluscan shellfish shall be refrigerated in air temperatures at or below 45 degrees Fahrenheit at all...
• Texas Section 436.106 - Temperature Abuse
  If temperature abuse of oysters associated with possible Vibrio parahaemolyticus illnesses is identified at any point in the market chain from harvest to consumer, the...
• Texas Section 436.107 - Texas Oyster Council
  (a) The Texas Oyster Council is created. (b) The council is composed of: (1) two members appointed by the executive commissioner as nominated by the...

SUBCHAPTER I GENERAL ADMINISTRATIVE PROVISIONS AND RULEMAKING AUTHORITY

• Texas Section 436.108 - Powers And Duties Of Texas Oyster Council
  (a) The Texas Oyster Council shall: (1) advise the department on the criteria used by the department under Section 436.101 to designate growing areas as...
• Texas Section 436.111 - Definitions
  In this subchapter: (1) "Certificate" means a shellfish certificate issued by the department. (2) "License" means a crabmeat processing license issued by the department. Added...
• Texas Section 436.112 - Rulemaking Authority
  The executive commissioner may adopt rules for the enforcement of this chapter. The executive commissioner shall adopt rules establishing specifications for molluscan shellfish processing and...
• Texas Section 436.113 - Certification And Licensing Procedures
  (a) A person may not operate as a molluscan shellfish or crabmeat processor unless the person submits an application for a certificate or a license...
• Texas Section 436.114 - Refusal To Certify Or License; Suspension Or Revocation Of Certificate Or License
  (a) After notice to the applicant and opportunity for a hearing, the department may refuse an application for a certificate or a license or may...
• Texas Section 436.115 - Hearings And Appeals
  (a) A hearing under this chapter is governed by the procedures for a contested case hearing under Chapter 2001, Government Code, and the department's formal...

Last modified: September 28, 2016