The authority conferred on the commissioner by the Health and Safety Code, §436.101 is delegated to the bureau chief of the Bureau of Food and Drug Safety or his/her designee under the provisions of the Health and Safety Code, §436.003(a). The bureau chief shall:

1. (1) designate coastal water (as defined in the rules of the Texas Parks and Wildlife Department, 31 Texas Administrative Code Chapter 51) for the purposes of taking molluscan shellfish as:

   1. (A) an approved area;
   2. (B) a conditionally approved area;
   3. (C) a restricted area;
   4. (D) a conditionally restricted area; or
   5. (E) a prohibited area.
2. (2) designate classified growing areas as open areas or closed areas.

Source Note:The provisions of this §241.51 adopted to be effective May 10, 1998, 23 TexReg 4273.