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Texas Statutes (Last Updated: January 4, 2014) |
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HUMAN RESOURCES CODE |
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Title 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES |
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Subtitle B. STRUCTURE AND FUNCTIONS OF DEPARTMENT OF HUMAN SERVICES |
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Chapter 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT OF HUMAN SERVICES |
Sec. 21.0032. GROUNDS FOR REMOVAL
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(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the qualifications required by Section 21.003;
(2) does not maintain during service on the board the qualifications required by Section 21.003;
(3) is ineligible for membership under Section 21.003(h) or (j) or under Section 21.0031;
(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 board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c) If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the commissioner shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.