(a) A municipality may accept a loan or a grant from the United States to acquire or construct a municipal fish market, including the necessary real property on which it is located, only if the acquisition or construction of the market is approved:
(1) by the Texas Department of Health on a determination that the market is conducive to the health of the people of this state who consume food products from the coastal waters of this state; and
(2) by the Parks and Wildlife Department on a determination that:
(A) the market is feasible and of economic importance to the fishing industry generally in the entire district to be served by the market, as distinguished from the local or civic benefits to be derived from the market by the municipality; and
(B) the economic need for the market is not adequately met by a similar existing facility accessible to the district to be served.
(b) Any such market is subject to all applicable health and sanitation rules adopted by the Texas Department of Health.