This section bars certain people from serving on the commission or as its general counsel, and it sets removal grounds and notice duties if a potential removal issue exists.
Sec. 444.006. CONFLICT OF INTEREST; REMOVAL PROVISIONS. (a) A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission. (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. Section 201 et seq.) if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of art; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of art. (c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1232, Sec. 9, eff. September 1, 2007. (d) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications required by Section 444.003(a); (2) does not maintain during service on the commission the qualifications required by Section 444.003(a); (3) is ineligible for membership under Subsection (a) or (b); (4) cannot because of illness or disability discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by majority vote of the commission. (e) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists. (f) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists. (g) 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. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 108, Sec. 4, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1232 (H.B. 2460), Sec. 3, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1232 (H.B. 2460), Sec. 9, eff. September 1, 2007.