Texas Labor Code - Section 301.003. Member Restrictions
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Texas Laws > Labor Code > Texas Labor Code - Section 301.003. Member Restrictions
§ 301.003. MEMBER RESTRICTIONS. (a) In this section:
(1) "Business" does not mean personal investment in
real property, financial instruments or tangible assets, or the
provision of personal services, other than workforce services in
the State of Texas, as an independent contractor.
(2) "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 member of the commission or the member's spouse may
not be employed by any business or other organization receiving
money from the commission during the member's term on the
commission.
(c) A person may not be a member of the commission or an
employee of the commission 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 labor,
business, workforce development, child care, or career schools and
colleges; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of labor,
business, workforce development, child care, or career schools and
colleges.
(d) A person may not serve as a member of the commission if
the person or the person's spouse:
(1) is employed by or participates in the management
of a career school or college or a business entity or other
organization receiving money from the commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a career school or college or a
business entity or other organization receiving money from the
commission; or
(3) is registered, certified, licensed, permitted, or
otherwise authorized by the commission; for purposes of this
subdivision, "registered, certified, licensed, permitted, or
otherwise authorized by the commission" does not include the
following:
(A) the commission's role under Subtitle A; or
(B) employment of domestic service workers under
Section 201.027.
(e) If a member of the commission or the member's spouse is
engaged in any other employment, the member of the commission shall
refrain from voting on or participating in any commission decision
that involves the other employment.
(f) A member of the commission or the member's spouse may
not enter into a contract, either directly with a local workforce
development board or with an entity that contracts with a local
workforce development board, under which the member or the member's
spouse receives compensation for services provided by the member or
the member's spouse.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 202.002 by Acts 1995,
74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 817, § 2.02, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 118, § 1, eff. May 20, 2005.
Section: 215.041 215.042 215.043 215.044 301.001 301.0015 301.002 301.003 301.004 301.005 301.006 301.007 301.0075 301.008 301.009
Last modified: August 11, 2007
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