(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 member of the executive council and may not be an employee
of the executive council 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 health care; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade
association in the field of health care.
(c) A person may not serve as a member of the executive council or act as the general
counsel to the executive council 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 executive council, the occupational
therapy board, or the physical therapy board.
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