Sec. 651.055. GROUNDS FOR REMOVAL. (a) The governor shall remove from the commission a commissioner whose license to practice funeral directing or embalming has been revoked or suspended.
(b) The governor may remove a commissioner for neglect of duty, incompetence, or fraudulent or dishonest conduct.
(c) 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 Sections 651.051(a) and (c) and 651.052(a);
(2) does not maintain during service on the commission the qualifications required by Sections 651.051(a) and (c) and 651.052(a);
(3) violates a prohibition established by Sections 651.053(a)-(e) or 651.506(h);
(4) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or
(5) is absent for more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.
(d) 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.
(e) 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 ground. The presiding officer shall then notify the governor that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Subtitle L - Crematory Services, Funeral Directing, and Embalming
Chapter 651 - Crematory Services, Funeral Directing, and Embalming
Subchapter B. Texas Funeral Service Commission
Section 651.051. Commission Membership
Section 651.052. Eligibility of Public Members
Section 651.053. Membership and Employee Restrictions
Section 651.054. Terms; Vacancy
Section 651.055. Grounds for Removal
Section 651.056. Reimbursement; per Diem
Section 651.058. Office Location