2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter H. Molluscan Shellfish › Section 436.108. Powers and Duties of Texas Oyster Council

Sec. 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 open or closed areas;
(2)  advise the department on the development of standards and procedures relating to the licensing of molluscan shellfish processors under this chapter;
(3)  advise the department on the content of the rules adopted by the executive commissioner to implement the provisions of this chapter relating to molluscan shellfish;
(4)  perform any other functions requested by the department in implementing and administering the provisions of this chapter relating to molluscan shellfish; and
(5)  review information brought before the council relating to molluscan shellfish.
(b)  The Texas Oyster Council is entitled to:
(1)  obtain information that is furnished to the department or developed by the department as part of an investigation of a food-borne illness that is suspected of being related to molluscan shellfish, including:
(A)  location and handling practices where suspect food may have been served;
(B)  product labeling and records;
(C)  distribution agent, methods, and handling practices;
(D)  sources of product;
(E)  sample collection and laboratory analysis;  and
(F)  any other nonmedical information that may aid in determining causes or routes of transmission of food-borne illness or suspected food-borne illness;  and
(2)  review the information provided under Subdivision (1) and report to the department on any matter of concern.
(c)  The Texas Oyster Council may establish procedures for:
(1)  meetings of the council;
(2)  submission, consideration, and resolution of issues before the council;  and
(3)  reporting relating to the council's activities.
(d)  The Texas Oyster Council may meet at the request of the department, may meet periodically to review completed activities of the department, or may meet to review ongoing activities of the department if the department appears to have exceeded the guidelines established in the National Shellfish Sanitation Program.
(e)  A member of the Texas Oyster Council who receives information under Subsection (b) from confidential communications or records, as identified by the department, may not disclose the information outside of the council or the department.  The department, by providing to the council public information that is confidential or otherwise excepted from public disclosure under law, does not waive or affect the confidentiality of the information for the purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information.
(f)  The Texas Oyster Council is subject to Chapter 551, Government Code.  The Texas Oyster Council is not required to conduct an open meeting to deliberate confidential communications and records provided under this section relating to the investigation of a food-borne illness that is suspected of being related to molluscan shellfish.
(g)  A report produced by the Texas Oyster Council is public information.
Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1114, eff. April 2, 2015.