ELIGIBILITY FOR APPOINTMENT AS EXECUTIVE COMMISSIONER OR TO SERVE IN CERTAIN EMPLOYMENT POSITIONS

(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) An individual may not be appointed as executive commissioner or be a commission 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 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (1) the individual is an officer, employee, or paid consultant of a Texas trade association in the field of health and human services; or (2) the individual's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health and human services. (c) An individual may not be appointed as executive commissioner or act as the commission's general counsel if the individual is required to register as a lobbyist under Chapter 305 because of the individual's activities for compensation on behalf of a profession related to the commission's operation. (d) An individual may not be appointed as executive commissioner if the individual has a financial interest in a corporation, organization, or association under contract with: (1) the commission or a health and human services agency; (2) a local mental health or intellectual and developmental disability authority; or (3) a community center.