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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle M. REGULATION OF OTHER HEALTH PROFESSIONS |
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Chapter 701. DIETITIANS |
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Subchapter B. TEXAS STATE BOARD OF EXAMINERS OF DIETITIANS |
Sec. 701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS
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(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide 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.
(b) A person may not be a dietitians board member and may not be an employee of the department 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.) if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of dietetics; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of dietetics.
(c) A person may not be a member of the dietitians board or act as the general counsel to the board or the department 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 board.