Sec. 201.401.  EMPLOYEE QUALIFICATIONS.  (a)  A person may not be an employee of the department who is 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 the person is:
(1)  an officer, employee, or paid consultant of a Texas trade association  in the field of road construction or maintenance or outdoor advertising; or
(2)  the spouse of an officer, manager, or paid consultant described by Subdivision (1).
(b)  A person may not act as general counsel to 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.  A person who acts as general counsel to the department must be licensed as an attorney in this state.
(c)  In this section, "Texas trade association" has the meaning assigned by Section 201.051.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 13(a), eff. September 1, 2011.