Texas Education Code - Section 61.0222. Restrictions On Board Appointment, Membership, And Employment
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§ 61.0222. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP,
AND EMPLOYMENT. (a) A member of the board must be a representative
of the general public. A person is not eligible for appointment as
a member of the board 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 board or
receiving funds from the board;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
(b) A person may not be a member of the board and may not be a
board 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 higher
education; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of higher
education.
(c) A person may not be a member of the board or act as the
general counsel to the board 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.
(d) 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.
Added by Acts 1989, 71st Leg., ch. 1084, § 1.02, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 820, § 3, eff. Sept.
1, 2003.
Section: 61.001 61.002 61.003 61.021 61.0211 61.022 61.0221 61.0222 61.0223 61.0224 61.023 61.024 61.025 61.026 61.027
Last modified: August 10, 2007
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