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By: Ellis S.B. No. 1309
(In the Senate - Filed March 10, 2005; March 21, 2005, read
first time and referred to Committee on Business and Commerce;
April 18, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 18, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1309 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to member restrictions for commissioners of the Texas
Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.003, Labor Code, is amended to read
as follows:
Sec. 301.003. MEMBER RESTRICTIONS. (a) In this section:
(1) "Business" does not mean personal investment in real
property, financial instruments or tangible assets, or the
provision of personal services, other than workforce services in
the State of Texas, as an independent contractor.
(2)[,] "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 member of the commission or the member's spouse may
not be employed by [engage in] any [other] business[, vocation,] or
other organization receiving money from the commission
[employment] during the member's term on the commission.
(c) A person may not be a member of the commission or an
employee of the commission 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 labor,
business, workforce development, child care, or career schools and
colleges; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of labor,
business, workforce development, child care, or career schools and
colleges.
(d) A person may not serve as a member of the commission if
the person or the person's spouse:
(1) is employed by or participates in the management
of a career school or college or a business entity or other
organization receiving money from the commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a career school or college or a
business entity or other organization receiving money from the
commission; or
(3) is registered, certified, licensed, permitted, or
otherwise authorized by the commission; for purposes of this
subdivision, "registered, certified, licensed, permitted, or
otherwise authorized by the commission" does not include the
following:
(A) the commission's role under Subtitle A; or
(B) employment of domestic service workers under
Section 201.027.
(e) If a member of the commission or the member's spouse is
engaged in any other employment, the member of the commission shall
refrain from voting on or participating in any commission decision
that involves the other employment.
(f) A member of the commission or the member's spouse may
not enter into a contract, either directly with a local workforce
development board or with an entity that contracts with a local
workforce development board, under which the member or the member's
spouse receives compensation for services provided by the member or
the member's spouse.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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