Sec. 61.0223. REMOVAL OF BOARD MEMBER. (a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the qualifications required by Section 61.0222(a);
(2) does not maintain during service on the board the qualifications required by Section 61.0222(a);
(3) is ineligible for membership under Section 61.022 or 61.0222;
(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 board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c) If the commissioner of higher education 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.
Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.03, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 4, eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle B - State Coordination of Higher Education
Chapter 61 - Texas Higher Education Coordinating Board
Subchapter B. Administrative Provisions
Section 61.021. Establishment of Coordinating Board: Functions
Section 61.0211. Sunset Provision
Section 61.022. Members of Board; Appointment; Terms of Office
Section 61.0221. Duty in Making or Confirming Appointments
Section 61.0222. Restrictions on Board Appointment, Membership, and Employment
Section 61.0223. Removal of Board Member
Section 61.0224. Training of Board Members
Section 61.0225. Nonvoting Student Representative
Section 61.023. Board Officers
Section 61.024. Compensation and Expenses of Members
Section 61.025. Quorum; Meetings; Agenda
Section 61.026. Committees and Advisory Committees
Section 61.026. Committees and Advisory Committees
Section 61.027. Rules of Procedure; Hearings; Notice; Minutes
Section 61.028. Commissioner of Higher Education; Personnel; Consultants
Section 61.029. Internal Auditor
Section 61.030. Qualifications and Standards of Board Members and Employees
Section 61.031. Public Interest Information and Complaints
Section 61.032. Notice of National Compact Meetings
Section 61.033. Negotiated Rulemaking; Alternative Dispute Resolution
Section 61.0331. Negotiated Rulemaking Required
Section 61.034. Effective Use of Technology
Section 61.0341. Limitation on Data Collection and Reporting Requirements