Sec. 602.056. 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 appointment the qualifications required by Section 602.053 for appointment to the board;

    (2) does not maintain during service on the board the qualifications required by Section 602.053 for appointment to the board;

    (3) is ineligible for membership under Section 602.053(d) or Section 602.054;

    (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

    (5) does not attend at least half of the regularly scheduled board meetings held in a calendar year, excluding meetings held while the person was not a board member, without an excuse approved by the board.

    (b) A board action taken while a ground for removal of a member of the board exists is not invalid for that reason.

    (c) If the commissioner of public health 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.329(a), eff. Sept. 1, 2001.