Sec. 88.704.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business competitors in this state designed to assist its members and its industry in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not serve as the executive director of the Texas Veterinary Medical Diagnostic Laboratory and may not be an employee of the laboratory 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:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of veterinary medicine; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of veterinary medicine.
(c)  A person may not serve as the executive director or act as the general counsel to the laboratory 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 laboratory.
Redesignated from Education Code, Subchapter I, Chapter 88 and amended by Acts 2007, 80th Leg., R.S., Ch. 111 (H.B. 2024), Sec. 1, eff. September 1, 2007.