Sec. 436.056. REMOVAL. (a) It is a ground for removal from the commission that a public member:
(1) does not have at the time of taking office the qualifications required by Section 436.051(b);
(2) does not maintain during service on the commission the qualifications required by Section 436.051(b);
(3) is ineligible for membership under Section 436.051(d) or 436.055;
(4) cannot, because of illness or disability, 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 a calendar year without an excuse approved by a 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 director has knowledge that a potential ground for removal exists, the 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 director 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 2003, 78th Leg., ch. 149, Sec. 3, eff. May 27, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 43 (H.B. 2546), Sec. 4, eff. September 1, 2009.
Structure Texas Statutes
Subtitle C - State Military Forces and Veterans
Chapter 436 - Texas Military Preparedness Commission
Subchapter B. Organization and Administration
Section 436.051. Composition; Eligibility
Section 436.052. Terms and Officers; Ex Officio Members; Designation of Representative
Section 436.053. Compensation and Expenses
Section 436.055. Conflict of Interest
Section 436.057. Director; Staff
Section 436.058. Public Access
Section 436.059. Equal Employment Opportunity
Section 436.060. Qualifications and Standards of Conduct