Texas Occupations Code 152.004 – Membership and Employee Restrictions
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(a) In this section, “Texas trade association” means a cooperative and voluntarily joined 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 is ineligible for appointment to the board if, at the time of appointment, the person is younger than 18 years of age or is a stockholder or a member of the board of trustees of a medical school.
Terms Used In Texas Occupations Code 152.004
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Operation: means the application of surgery or the performance of surgical services. See Texas Occupations Code 151.002
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) A person may not be a member of the board and may not be a board employee 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. § 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 a national organization incorporated to represent the entire profession licensed to practice medicine in this state or the United States, including an organization representing the practice of osteopathic medicine; or
(2) the person’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(d) Expired.
(e) Expired.
(f) A person may not serve as a member of the board or act as 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.