Sec. 201.057. GROUNDS FOR REMOVAL  


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  • (a) It is a ground for removal from the commission if a commissioner:

    (1) does not have at the time of taking office or maintain during service on the commission the qualifications required by Section 201.051;

    (2) violates a prohibition provided by Section 201.051;

    (3) cannot discharge the commissioner's duties for a substantial part of the term for which the commissioner is appointed because of illness or disability; or

    (4) is absent from more than half of the regularly scheduled commission meetings that the commissioner is eligible to attend during a 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 commissioner exists.

    (c) If the director knows that a potential ground for removal exists, the director shall notify the chair of the commission of the ground, and the chair shall notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal relates to the chair, the director shall notify another commissioner, who shall notify the governor and the attorney general that a potential ground for removal exists.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.03, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 140, Sec. 7, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1345 , Sec. 5, eff. September 1, 2011.