OFFlCE OF THE ATTORNLY GENEraL STATE OF TEX,+S 

JOHN CORNYN 

June lo,1999 

Mr. Gary L. Warren, Sr. 

Executive Director 

Texas Commission on Fire Protection 

P.O. Box 2286 

Austin. Texas 18768-2286 

Opinion No. JC-0067 

Re: Whether the Texas Fire Chiefs’ Association, 

the Texas State Association of Fire Fighters, the 

StateFiremen’s andFireMarshals’ Associationof 

Texas, or the Texas Association ofFire Educators 

is a “trade association” for purposes of section 

419.006 of the Government Code (RQ-1203) 

Dear Mr. Warren: 

The spouse of an officer, manager, or paid consultant of a Texas trade association in the field 

of fire protection is prohibited from becoming a high-level employee with the Commission on Fire 

Protection (the “Commission”). TEX. GOV’T CODE ANN. 9 419.006(b) (Vernon 1998). You ask 

whether any of four particular organizations is a trade association for purposes of section 419.006. 

While the determination of whether any particular organization is a trade association for purposes 

of section 419.006 is ultimately a question of fact, we believe, based upon the information you 

provide, that the organizations about which you inquire are not trade associations for purposes of 

invoking the conflict-of-interest prohibitions of section 419.006(b). 

You state that the issue has arisen because the spouse of Texas Fire Chiefs’ Association’s 

executive director is a final candidate for a position in the Commission’s Testing and Training 

Section. We understand that this position normally is a high-level position that would be subject to 

section 419.006. In addition to the Texas Fire Chiefs’ Association, you inquire about three other 

organizations: the Texas State Association of Fire Fighters; the State Firemen’s and Fire Marshals’ 

Association of Texas; and the Texas Association of Fire Educators. Although you tell us very little 

about any of these organizations, you state that none of them are associations of business or 

professional competitors.’ 

‘We were unable to locate, and you did not submit, any information describing the purpose CDT mission of the 

Texas Fire Chiefs’ Association. You characterize the Texas State Association of Fire Fighters as “a labor organization 

representing paid tire fighters.” From our own research, we understand that the Texas State Association ofFire Fighters 

provides to tire and emergency-medical-services persotlnel “support and service,” including “training, on[-Isite support, 

assistance in grievance representation, bargaining and mediation.” Texas State Assoc. of Fire Fighters, Abour the Texas 

Slate Association of Fire Fighters (last modified Oct. 2, 1996) <http://www.tsaff.org/guide.html>. The State 

Association of Fire Fighters also assists local tire fighters organizations and their members in disciplinary appeals, 

(continued...) 
Mr. Gary L. Warren, Sr. - Page 2 (X-0067) 

Section 419.006 of the Government Code regulates conflicts of interest for Commission 

members and employees. Under that section, an officer, employee, or paid consultant of a Texas 

trade association may not be a commissioner or a Commission employee “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 17, ofthe position classification salary schedule” 

(a “high-level employee”). Id. 5 419.006(a). In addition, the spouse of an ofticer, employee, or paid 

consultant of a Texas trade association may not be a commissioner or a high-level Commission 

employee. See id. 3 419.006(b). The phrase “Texas trade association” is defined for the purposes 

of section 419.006 as an association of “business or professional competitors”: 

For the purposes of this section, a Texas trade association is a nonprofit, 

cooperative, and voluntarily joined 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. 

Id. $ 419.006(c). Section 419.006 does not elaborate on what an “association of business or 

professional competitors”might be, and we find no judicial or attorney general opinions interpreting 

the phrase “Texas trade association” as it is used in section 419.006. 

But in examining similar conflict-of-interest provisions, see, e.g., TEX. REV. Crv. STAT. ANN. 

art. 4495b, 3 2.05(g), (h), (i) (Vernon Supp. 1999) (Board of Medical Examiners); AGRIC. CODE 

ANN. 5 42.010 (Vernon Supp. 1999) (Food & Fibers Comm’n); TEX. FIN. CODE ANN. 5 12.107 

(Vernon 1998) (Dep’t of Banking); TEX. GOV’T CODE ANN. $ 444.006(b), (c), (g) (Vernon 1998) 

(Comm’n on the Arts), this office has perceived a need “to protect the integrity of agency decisionmaking from a private entity’s undue influence.” Tex. Att’y Gen. LO-98-054, at 2. The Sunset 

Commission, whichrecommendedsection419.006’sadoptionin ~~~~,~~~HousECOMM.ONGOV’T 

GRGANIZATION,BILLANALYSIS,Tex. C.S.S.B. 383,72dLeg.,R.S. (199l),proposessimilarconflictof-interest provisions as an across-the-board recommendation. See TEXAS SUNSET COMM’N, Across 

the BoardRecommendations 2 (1988). According to the Sunset Commission, the conflict-of-interest 

provision prevents an agency from developing “close ties with professional trade organizations 

and other interested groups” because such ties may not be in the public interest. See Tex. Att’y Gen. 

LO-96-043, at 3 (quoting SUNSET ADVISORY COMM’N, Recommendations to the Governor of Texas 

& Members of the Seventy-Second Legislature, Final Report 5, 118 (1991)). 

‘(...continued) 

conlract negotiations, mediations, and elections. See id. In addition, the State Association of Fire Fighters lobbies on 

behalfof its members and offers educational opportunities to its members. See id. You characterize the State Firemen’s 

and Fire Marshals’ Association as “representing mainly volunteer tire fighters.” We have found information stating that 

the State Firemen’s and Fire Marshals’ Association “promote[s], unit@], represent[s,] and educate[s] the fre service 

of Texas.” State Firemen’s & Fire Marshals’ Association of Texas, Mission Statement (last modified Oct. 23, 1998) 

<http://www.sffma.org/mission.html>. Finally, we were unable to obtain any information on the Texas Association of 

Fire Educators, and you did not provide any. 
Mr. Gary L. Warren, Sr. - Page 3 (X-0067) 

Traditionally, the phrase “trade association” refers to an association of employers in the same 

trade. See People ex rel. Pad& v. Hughes, 16 N.E.2d 922,924 (Ill. App. Ct. 1938); cf: BLACK'S 

LAW DICTIONARY 1338 (5th ed. 1979) (defining “trade association” as “association of business 

organizations having similar problems and engaged in similar fields formed for mutual protection, 

interchange of ideas and statistics and for maintenance of standards within their industry”). Thus, 

this office previously has determined that the National Association of Boards of Examiners for 

Nursing Home Administrators, which is composed of agencies that examine and license or register 

nursing homes and nursing home administrators, probably is not a trade association. See Tex. Att’y 

Gen. Op. No. MW-173 (1980) at 2. Notably, courts in other jurisdictions that have applied the 

common understanding of the term “trade association” have distinguished labor unions from trade 

associations. SeePeople ex rel. Pad& 16N.E.2d at 924; People v. Masiello, 31 N.Y.S.2d 512,518 

(N.Y. sup. ct. 1941). 

Assuming, as you tell us, that the organizations about which you ask are not associations of 

business or professional competitors, we conclude that none of them are trade associations for 

purposes ofsection 419.006 ofthe Government Code. Ultimately, whether a particular organization 

is a trade association for purposes of section 419.006 depends upon whether the association satisfies 

the definition found in subsection (c), that is, whether the association is (1) nonprofit, (2) 

cooperative, and (3) voluntarily joined, as well as whether the association is one (4) of business or 

professional competitors in this state and is (5) designed to assist its members and its industry or 

profession (a) in dealing with mutual business or professional problems and (b) in promoting their 

common interest, Determining each of these elements requires the resolution of fact questions, 

which this office is unable to answer. See, e.g., Tex. Att’y Gen. Op. Nos. DM-98 (1992) at 3; H-56 

(1973) at 3; M-187 (1968) at 3; O-2911 (1940) at 2. Given our assumption, however, we believe 

the Commission may employ in a high-level position the spouse of an officer, manager, or paid 

consultant of any of the organizations you list, 
Mr. Gary L. Warren, Sr. - Page 4 (X-0067) 

SUMMARY 

Assuming that an organization is not composed of business 

and professional competitors, it is not a trade association for purposes 

of section 419.006 of the Government Code. 

Attorney General of Texas 

ANDY TAYLOR 

First Assistant Attorney General 

CLARK KENT ERVIN 

Deputy Attorney General - General Counsel 

ELIZABETH ROBINSON 

Chair, Opinion Committee 

Prepared by Kymberly K. Oltrogge 

Assistant Attorney General