(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 commission and may not 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 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 archeology or historic preservation; or
(2) the person’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of archeology or historic preservation.