Tex. Agric. Code Section 12.0135
Conflict Provisions


(a)

A person may not be a department 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 agriculture; or

(2)

the person’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of agriculture.

(b)

A person may not act as the general counsel to the commissioner or the department if the person is required to register as a lobbyist under Chapter 305 (Registration of Lobbyists), Government Code, because of the person’s activities for compensation on behalf of a profession related to the operation of the department.

(c)

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. 230, Sec. 4, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 8.02, eff. September 1, 2009.

Source: Section 12.0135 — Conflict Provisions, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­12.­htm#12.­0135 (accessed Mar. 16, 2024).

12.001
Execution of Laws
12.002
Development of Agriculture
12.003
Agricultural Societies
12.006
Development of Domestic and Foreign Markets
12.007
Plant Diseases and Pests
12.010
Correspondence with Government Agencies and Others
12.0011
Authority to Enter into Cooperative Agreements
12.011
Agricultural Resource Statistics
12.0012
Notification
12.013
Employees
12.016
Rules
12.018
Testing
12.020
Administrative Penalties
12.021
Fee for Phytosanitation Inspection
12.022
Authority to Solicit and Accept Gifts, Grants, and Donations
12.023
Expiration of Registration or Licenses
12.024
Late Renewal of License or Registration
12.0025
Nutrition Programs
12.025
Program Accessibility Plan
12.0026
Interagency Farm-to-school Coordination Task Force
12.026
Public Interest Information
12.027
Economic Development Program
12.0027
Nutrition Outreach Program
12.0028
Limitation on Sanctions Imposed on School Districts for Sale of Foods of Minimal Nutritional Value
12.028
Competitive Bidding or Advertising
12.0029
Summer Nutrition Programs
12.029
Minority and Female-owned Business Contracts
12.031
Advertising, Publications, and Fees
12.032
Cooperation with State Office of Administrative Hearings
12.033
Multiple Licenses
12.034
Refund or Waiver of Fees
12.035
Notice to Examinee
12.036
Licensing Out-of-state Applicants
12.037
Continuing Education
12.038
Office of Rural Affairs
12.039
Certain Wine Produced or Bottled in This State
12.040
Texas Certified Retirement Community Program
12.041
School Breakfast and Lunch Program
12.042
Home-delivered Meal Grant Program
12.046
Texas Rural Investment Fund
12.047
Use of Technology
12.048
Obtaining Criminal History Record Information
12.050
Trade Agricultural Inspection Grant Program
12.051
Farmer Mental Health and Suicide Prevention Program
12.0135
Conflict Provisions
12.0144
Fee Schedule
12.0145
Submission of Proposed Fee Schedule
12.0176
Cooperation with Certain Commodity Producers Boards
12.0177
Texas Nursery and Floral Account
12.0201
License Sanctions
12.0202
Administrative Hearings
12.0203
Negotiated Rulemaking and Alternative Dispute Resolution
12.0204
Advisory Committees
12.0205
Coordination of Consumer Protection Enforcement with Office of Attorney General
12.0261
Administrative Procedure
12.0271
Rural Economic Development and Investment Program
12.0272
Texas Economic Development Fund
12.0273
Limitations on Loans and Grants from Texas Economic Development Fund
12.02601
Complaints

Accessed:
Mar. 16, 2024

§ 12.0135’s source at texas​.gov