Sec. 91.011. TEXAS COMMISSION FOR THE BLIND

(a) The Texas Commission for the Blind is composed of nine members appointed by the governor with the consent of the senate. Except as provided by this subsection, appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Five members must be blind or visually impaired residents of the state, one member must be a family member, relative, or guardian of a blind or visually impaired resident of the state, and three members must be members of the general public. A person is not eligible for appointment as a public member if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving funds from the commission;

(2) owns, controls, or has, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission; or

(3) uses or receives a substantial amount of tangible goods, services, or funds from the commission.

(b) A person may not be a member of the commission and may not be a commission employee 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 service provision to persons who are blind or visually impaired or a field that otherwise relates to persons who are blind or visually impaired; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of service provision to persons who are blind or visually impaired or a field that otherwise relates to persons who are blind or visually impaired.

In this subsection "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(c) A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.

(d) Members of the commission hold office for terms of six years with the terms of three members expiring on February 1 of odd-numbered years.

(e) Commission members and consumer advisory committee members are entitled to a per diem, set by the General Appropriations Act, for each day of attendance at an official meeting as authorized by the commission. Commission members are entitled to reimbursement for necessary expenses of travel on official business. Consumer advisory committee members are entitled to reimbursement for travel expenses in the same manner as state employees. A commission member or consumer advisory committee member who is disabled and, because of the disability, requires special aids or a travel attendant in order to attend an official meeting is entitled to reimbursement for the cost of the special aids or attendant in accordance with rules set by the commission.

(f) The governor shall designate a member of the commission to serve as presiding officer, and the officer shall serve at the governor's pleasure.

(g) Five members of the commission constitute a quorum for the transaction of business.

(h) The commission shall adopt rules prescribing the policies and procedures followed by the commission in the administration of its programs.

Acts 1979, 66th Leg., p. 2396, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2437, ch. 842, art. 2, Sec. 11, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2831, ch. 484, art. II, Sec. 3, eff. June 19, 1983; Acts 1985, 69th Leg., ch. 793, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, Sec. 2.19(17), eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 213, Sec. 1, eff. Sept. 1, 1999.