A person may not serve as a commissioner or be a commission employee who is 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 the person is:
(1) an officer, employee, or paid consultant of a trade association; or
(2) the spouse of an officer, manager, or paid consultant of a trade association.
Official text of the Texas Utilities Code as published by the Texas Legislative Council.