(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 jurisdiction if:
- (1) the processing or sale of the molluscan shellfish or crabmeat creates or poses an immediate threat to human life or health; and
- (2) other procedures available to the department to remedy or prevent the threat will result in unreasonable delay.
- (b) The department may issue the emergency order without notice and hearing if the department or a person designated by the department determines that issuing the emergency order without notice and hearing is necessary under the circumstances.
- (c) If an emergency order is issued without a hearing, the department shall determine the earliest time and place for a hearing at which the emergency order shall be affirmed, modified, or set aside. The hearing shall be held under department rules.
- (d) This section prevails over Section 12.001.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1093, eff. April 2, 2015.