(a) A person may not be a department 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. § 201 et seq.), if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of agriculture; or
(2) the person’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of agriculture.
(b) A person may not act as the general counsel to the commissioner or the department 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 department.

Terms Used In Texas Agriculture Code 12.0135

  • Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) 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.

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