Sec. 21.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT    


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  • (a) A person may not be a member of the board and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:

    (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of human services; or

    (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of human services.

    (b) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state, including a nonprofit association, designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.02, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 1169, Sec. 2, eff. Sept. 1, 2003.