Tex. Gov't Code Section 523.0052
Eligibility for Appointment as Executive Commissioner or to Serve in Certain Employment Positions

(a)

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.

(b)

An individual may not be appointed as executive commissioner or 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 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:

(1)

the individual is an officer, employee, or paid consultant of a Texas trade association in the field of health and human services; or

(2)

the individual’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health and human services.

(c)

An individual may not be appointed as executive commissioner or act as the commission’s general counsel if the individual is required to register as a lobbyist under Chapter 305 (Registration of Lobbyists) because of the individual’s activities for compensation on behalf of a profession related to the commission’s operation.

(d)

An individual may not be appointed as executive commissioner if the individual has a financial interest in a corporation, organization, or association under contract with:

(1)

the commission or a health and human services agency;

(2)

a local mental health or intellectual and developmental disability authority; or

(3)

a community center.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.

Source: Section 523.0052 — Eligibility for Appointment as Executive Commissioner or to Serve in Certain Employment Positions, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­523.­htm#523.­0052 (accessed Jun. 5, 2024).

523.0001
Health and Human Services Commission 523.0002
Goals 523.0003
Sunset Provision 523.0004
Applicability of Other Law 523.0051
Executive Commissioner 523.0052
Eligibility for Appointment as Executive Commissioner or to Serve in Certain Employment Positions 523.0053
Term 523.0054
Medical Director 523.0055
Career Ladder Program 523.0056
Merit System 523.0057
Qualifications and Standards of Conduct Information 523.0058
Equal Employment Opportunity Policy 523.0059
Use of Agency Staff 523.0060
Criminal History Background Checks 523.0101
Health and Human Services Commission Executive Council 523.0102
Powers and Duties 523.0103
Composition 523.0104
Eligibility to Serve on Executive Council 523.0105
Presiding Officer 523.0106
Meetings 523.0107
Compensation 523.0108
Public Comment 523.0109
Construction of Subchapter 523.0110
Inapplicability of Certain Other Law 523.0151
Commission Divisions 523.0152
Division Director Appointment and Qualifications 523.0153
Division Director Duties 523.0154
Data Analysis Unit 523.0155
Office of Policy and Performance 523.0156
Purchasing Unit 523.0201
Establishment of Advisory Committees 523.0202
Applicability of Other Law 523.0203
Rules for Advisory Committees 523.0204
Public Access to Advisory Committee Meetings 523.0205
Advisory Committee Reporting 523.0251
Public Interest Information and Input Generally 523.0252
Public Hearings 523.0253
Notice of Public Hearing 523.0254
Complaints 523.0255
Office of Ombudsman 523.0301
Definition 523.0302
Office 523.0303
Goals 523.0304
Strategic Plan 523.0305
Powers and Duties 523.0306
Texas Home Visiting Program Trust Fund
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Accessed:
Jun. 5, 2024

§ 523.0052’s source at texas​.gov