Texas § 436.091 DECLARATION OF PROHIBITED AREAS.

Texas Statutes

§ 436.091 — DECLARATION OF PROHIBITED AREAS.

Texas § 436.091

Code HSHealth and Safety Code

This text of Texas § 436.091 (DECLARATION OF PROHIBITED AREAS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 436.091 (2026).

Text

Sec. 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 sanitary, chemical, or bacteriological survey, that the area contains aquatic life that is unfit for human consumption; or

(2)aquatic life from a prohibited area may have been transferred to that body of public water.

(b)The department shall modify or revoke an order according to the results of a sanitary, chemical, or bacteriological survey conducted by the department. The department shall file the order in the department's office and shall furnish without charge a copy of the order describing prohibited areas on request.

(c)The department shall conspicuously outline prohibited areas on maps and shall furnis

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Sec. 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 sanitary, chemical, or bacteriological survey, that the area contains aquatic life that is unfit for human consumption; or
(2) aquatic life from a prohibited area may have been transferred to that body of public water.
(b) The department shall modify or revoke an order according to the results of a sanitary, chemical, or bacteriological survey conducted by the department. The department shall file the order in the department's office and shall furnish without charge a copy of the order describing prohibited areas on request.
(c) The department shall conspicuously outline prohibited areas on maps and shall furnish the maps without charge on request. The failure of a person to obtain that information does not relieve that person from liability under this chapter.
SUBCHAPTER H. MOLLUSCAN SHELLFISH

Legislative History

Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1110, eff. April 2, 2015.