Chapter 7 - Subchapter B

Question 1

Sec. 1101.053.

Answer 1

Membership and Employee Restrictions states the following:

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. The Texas Association of REALTORS would be an example of a trade association.

A person may not be a member of the commission and may not 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 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

Question 2

Sec. 1101.054.

Answer 2

Official Oath says that each appointee must take the constitutional oath of office no later than the 15th day after the date of appointment.

Question 3

Sec. 1101.056.

Answer 3

Officers states that the governor will designate a commission member who is a licensed broker as presiding officer. The presiding officer serves in that capacity at the pleasure of the governor. In addition, at a regular meeting in February of each year, the commission will elect an assistant presiding officer and a secretary from its membership.

Question 4

Sec. 1101.057.

Answer 4

Grounds for Removal describes the circumstances that would constitute grounds for a commission member to be removed as one or more of the following:

⦁ Does not have at the time of appointment the qualifications required by Section 1101.051(a) or (b) or 1101.052
⦁ Does not maintain during service on the commission the qualifications required by Section 1101.051(a) or (b) or 1101.052
⦁ Is ineligible for membership under Section 1101.053
⦁ Cannot discharge the member’s duties for a substantial part of the member’s term
⦁***Is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the commission

Question 5

Sec. 1101.058.

Answer 5

Per Diem, Reimbursement explains what a commission member is entitled to receive in compensation as:

$75 for each day the member performs the member’s official duties.
reimbursement for actual and necessary expenses incurred in performing the member’s official duties.

Question 6

Sec. 1101.059.

Answer 6

Training describes the contents of the training program for new commission members.

A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.

The training program must provide the person with information regarding:

⦁ this chapter and other laws regulated by the commission.
⦁ the programs, functions, rules, and budget of the commission.
⦁ the results of the most recent formal audit of the commission.
⦁ the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest.
⦁ any applicable ethics policies adopted by the commission or the Texas ethics commission.

A person appointed to the commission is entitled to reimbursement for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.