Sec. 78.006.  REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF MUSSELS AND CLAMS.  (a)  The commission by proclamation may regulate the taking, possession, purchase, and sale of mussels and clams.  A proclamation issued under this section must contain findings by the commission that support the need for the proclamation.
(b)  In determining the need for a proclamation under Subsection (a) of this section, the commission shall consider:
(1)  measures to prevent the depletion of mussels and clams;
(2)  measures based on the best scientific information available;
(3)  measures to manage mussels and clams;
(4)  measures, where practicable, that will minimize cost and avoid unnecessary duplication in their administration;  and
(5)  measures that will enhance enforcement.
(c)  A proclamation issued under Subsection (a) of this section may limit the quantity and size of mussels and clams that may be taken, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of taking mussels and clams.
(d)  A proclamation of the commission under this section prevails over a proclamation of the commission issued under Chapter 61 of this code.
(e)  A proclamation of the commission under this section does not prevail over:
(1)  an order, rule, or regulation adopted by the commissioner of health;  or
(2)  a proclamation of the commission issued under Chapter 66 of this code.
Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.