Texas Health and Safety Code 436.025 – Emergency Order
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Texas Health and Safety Code 436.025
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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 § 12.001.