S.B. No. 1309




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.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1309 passed the Senate on 
April 21, 2005, by the following vote:  Yeas 30, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1309 passed the House on 
May 12, 2005, by the following vote:  Yeas 122, Nays 0, one 
present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor