Texas Statutes (Last Updated: January 4, 2014) |
HEALTH AND SAFETY CODE |
Title 9. SAFETY |
Subtitle B. EMERGENCIES |
Chapter 775. EMERGENCY SERVICES DISTRICTS |
Subchapter C. ORGANIZATION, POWERS, AND DUTIES |
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.