Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY COMMISSIONERS COURT  


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  • This section does not apply to a board member who:

    (1) is elected; or

    (2) is appointed to fill a vacancy in an elected board member position.

    (b) The commissioners court of the county in which a district is located, by an order adopted by a majority vote after a hearing, may remove a board member for:

    (1) incompetency, as defined by Section 87.011, Local Government Code;

    (2) official misconduct, as defined by Section 87.011, Local Government Code; or

    (3) misconduct, as defined by Section 178.001, Local Government Code.

    (b-1) Section 551.0745, Government Code, applies to a deliberation regarding a removal of a board member in the same manner as that section applies to a deliberation regarding a dismissal of a member of an advisory body.

    (c) Not later than the 30th day before the date on which the hearing is held, a commissioners court seeking removal under this section must:

    (1) notify the board members that it is considering that action; and

    (2) provide the board member with an opportunity to show cause why the board member should not be removed.

    (d) The validity of a board action is not affected because it is taken when a ground for removal of a board member exists.

Added by Acts 2009, 81st Leg., R.S., Ch. 308 , Sec. 2, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 116 , Sec. 1, eff. May 21, 2011. Acts 2011, 82nd Leg., R.S., Ch. 116 , Sec. 2, eff. May 21, 2011. Acts 2011, 82nd Leg., R.S., Ch. 639 , Sec. 7, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 639 , Sec. 8, eff. June 17, 2011.