Sec. 61.0222. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT. (a) A member of the board must be a representative of the general public. A person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;
(2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or
(3) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(b) A person may not be a member of the board and may not be a board 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. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of higher education; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of higher education.
(c) A person may not be a member of the board or act as the 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.
(d) 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.
Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.02, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 3, eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle B - State Coordination of Higher Education
Chapter 61 - Texas Higher Education Coordinating Board
Subchapter B. Administrative Provisions
Section 61.021. Establishment of Coordinating Board: Functions
Section 61.0211. Sunset Provision
Section 61.022. Members of Board; Appointment; Terms of Office
Section 61.0221. Duty in Making or Confirming Appointments
Section 61.0222. Restrictions on Board Appointment, Membership, and Employment
Section 61.0223. Removal of Board Member
Section 61.0224. Training of Board Members
Section 61.0225. Nonvoting Student Representative
Section 61.023. Board Officers
Section 61.024. Compensation and Expenses of Members
Section 61.025. Quorum; Meetings; Agenda
Section 61.026. Committees and Advisory Committees
Section 61.026. Committees and Advisory Committees
Section 61.027. Rules of Procedure; Hearings; Notice; Minutes
Section 61.028. Commissioner of Higher Education; Personnel; Consultants
Section 61.029. Internal Auditor
Section 61.030. Qualifications and Standards of Board Members and Employees
Section 61.031. Public Interest Information and Complaints
Section 61.032. Notice of National Compact Meetings
Section 61.033. Negotiated Rulemaking; Alternative Dispute Resolution
Section 61.0331. Negotiated Rulemaking Required
Section 61.034. Effective Use of Technology
Section 61.0341. Limitation on Data Collection and Reporting Requirements