Tex. Occ. Code Section 205.053
Membership and Employee Restrictions


(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 officer, board member, employee, or paid consultant of a Texas trade association in the field of health care may not be a member of the acupuncture board or an employee of the medical board who is exempt from the state’s position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.

(c)

A person may not be a member of the acupuncture board and may not be a medical board employee 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 health care; or

(2)

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

(d)

A person may not be a member of the acupuncture board or act as general counsel to the acupuncture board or the medical board 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 medical board or acupuncture board.

(e)

A person may not serve on the acupuncture board if the person owns, operates, or has a financial interest in a school of acupuncture.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(b), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.03, eff. September 1, 2005.

Source: Section 205.053 — Membership and Employee Restrictions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­205.­htm#205.­053 (accessed May 11, 2024).

205.001
Definitions
205.003
Exemption
205.051
Board
205.052
Public Member Eligibility
205.053
Membership and Employee Restrictions
205.054
Terms
205.055
Presiding Officer
205.056
Grounds for Removal
205.057
Training
205.058
Qualifications and Standards of Conduct Information
205.059
Compensation
205.060
Application of Open Meetings, Open Records, and Administrative Procedure Laws
205.101
General Powers and Duties of Acupuncture Board
205.102
Assistance by Medical Board
205.103
Fees
205.104
Rules Restricting Advertising or Competitive Bidding
205.106
Use of Technology
205.107
Negotiated Rulemaking and Alternative Dispute Resolution Policy
205.151
Public Interest Information
205.152
Complaints
205.153
Public Participation
205.201
License Required
205.202
Issuance of License
205.203
License Examination
205.204
Application for Examination
205.205
Examination Results
205.206
Acupuncture Schools
205.207
Reciprocal License
205.208
Temporary License
205.251
Renewal Required
205.252
Notice of License Expiration
205.253
Procedure for Renewal
205.254
Renewal of Expired License by Out-of-state Practitioner
205.255
Continuing Education
205.256
Refusal for Violation of Board Order
205.301
Referral by Other Health Care Practitioner Required
205.302
Authorized Practice Without Referral
205.303
Acudetox Specialist
205.304
Professional Review Action
205.305
License Holder Information
205.351
Grounds for License Denial or Disciplinary Action
205.352
Disciplinary Powers of Acupuncture Board
205.354
Rules for Disciplinary Proceedings
205.355
Required Disciplinary Action for Failure to Obtain Referral
205.356
Rehabilitation Order
205.357
Effect of Rehabilitation Order
205.358
Audit of Rehabilitation Order
205.359
Subpoena
205.360
Delegation of Certain Complaint Dispositions
205.361
Temporary Suspension
205.362
Cease and Desist Order
205.363
Refund
205.364
Modification of Findings or Rulings by Administrative Law Judge
205.401
Criminal Penalty
205.402
Injunctive Relief
205.451
Imposition of Administrative Penalty
205.452
Procedure
205.453
Amount of Penalty
205.454
Notice of Violation and Penalty
205.455
Options Following Decision: Pay or Appeal
205.456
Collection of Penalty
205.457
Determination by Court
205.458
Remittance of Penalty and Interest
205.1041
Guidelines for Early Involvement in Rulemaking Process
205.1045
Rules on Consequences of Criminal Conviction
205.1521
Conduct of Investigation
205.2025
Criminal History Record Information Requirement for License Issuance
205.2045
Appearance of Applicant Before Acupuncture Board
205.2515
Criminal History Record Information Requirement for Renewal
205.3522
Surrender of License
205.3523
Physical or Mental Examination
205.3541
Informal Proceedings
205.3542
Acupuncture Board Representation in Informal Proceedings
205.3543
Roles and Responsibilities of Participants in Informal Proceedings
205.3544
Limit on Access to Investigation Files
205.3561
Expert Immunity
205.3562
Responsibilities of Private Associations

Accessed:
May 11, 2024

§ 205.053’s source at texas​.gov