Sec. 1101.057. GROUNDS FOR REMOVAL  


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  • (a) It is a ground for removal from the commission that a member:

    (1) does not have at the time of appointment the qualifications required by Section 1101.051(a) or (b) or 1101.052;

    (2) does not maintain during service on the commission the qualifications required by Section 1101.051(a) or (b) or 1101.052;

    (3) is ineligible for membership under Section 1101.053;

    (4) cannot 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 commission meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the commission.

    (b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

    (c) If the administrator has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the commission 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 administrator shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 297 , Sec. 2, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1411 , Sec. 4, eff. September 1, 2007.