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

1. (1) designate coastal water (as defined in the rules of the Texas Parks and Wildlife Department, 31 TAC, 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 §241.52 adopted to be effective March 20, 2003, 28 TexReg 2346.