Sec. 12.054. REMOVAL OF COMMISSIONER    


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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 appointment or maintain during service on the commission the qualifications required by Section 12.053;

    (2) violates a prohibition provided by Section 12.053 or by Subchapter D;

    (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 the action is taken when a ground for removal of a commissioner exists.

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

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.