HB1575 —

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• SUBCHAPTER A. SUNSET ADVISORY COMMISSION AND SUNSET REVIEW PROCESS

  amended

• SUBCHAPTER B. GENERAL PROVISIONS FOR STATE AGENCIES Sec. 325.051. APPLICABILITY; CONFLICTS. (a) This subchapter applies to a state agency subject to review by the commission under this chapter. (b) To the extent of any conflict between this subchapter and any law relating to a state agency subject to review by the commission under this chapter, this subchapter controls. Sec. 325.052. PUBLIC MEMBERSHIP ON STATE AGENCY POLICYMAKING BODY. A person may not be a public member of the policymaking body of a state agency if the person or the person's spouse: (1) is registered, certified, or licensed by a regulatory agency in a field regulated by the state agency; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the state agency; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the state agency; or (4) uses or receives a substantial amount of tangible goods, services, or money from the state agency other than compensation or reimbursement authorized by law for the state agency's policymaking body membership, attendance, or expenses. Sec. 325.053. PROVISIONS RELATING TO CONFLICTS OF INTEREST. (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) A person may not be a member of the policymaking body of a state agency and may not be an employee of the state agency 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 a field regulated by the state agency; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field regulated by the state agency. (c) A person may not be a member of a state agency's policymaking body or act as the general counsel to the state agency's policymaking body or the state agency if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the state agency. Sec. 325.054. GOVERNOR DESIGNATES PRESIDING OFFICER. The governor shall designate a member of a state agency's policymaking body as the presiding officer of the policymaking body to serve in that capacity at the pleasure of the governor. Sec. 325.055. GROUNDS FOR REMOVAL OF MEMBERS FROM POLICYMAKING BODIES. (a) It is a ground for removal from a state agency's policymaking body that a member: (1) does not have at the time of taking office the qualifications required by law to be a member of the policymaking body; (2) does not maintain during service on the policymaking body the qualifications required by law to be a member of the policymaking body; (3) is ineligible for membership on the policymaking body under law, including provisions relating to public membership, conflicts of interest, and lobbying; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled meetings of the policymaking body that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the policymaking body. (b) The validity of an action of a state agency's policymaking body is not affected by the fact that it is taken when a ground for removal of a member of the policymaking body exists. (c) If the executive head of

  amended