Sec. 775.042. REMOVAL OF BOARD MEMBER BY BOARD. (a) A board may remove a member if:
(1) the member 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; and
(2) the other members of the board unanimously vote to remove that member.
(b) Not later than the 30th day after the date of a vote to remove a member under Subsection (a), that member may file a written appeal for reinstatement to the commissioners court of the county in which a single-county district is located or, if the district is located in more than one county, the commissioners court of the county where the member resides. The court may reinstate the member if it finds the removal unwarranted after considering:
(1) a reason for an absence;
(2) the time and place of a missed meeting;
(3) the business conducted at a missed meeting; and
(4) any other factors or circumstances the court considers relevant.
(c) The validity of a board action is not affected because it is taken when a ground for removal of a board member exists.
Added by Acts 1999, 76th Leg., ch. 496, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 308 (H.B. 527), Sec. 3, eff. June 19, 2009.
Structure Texas Statutes
Chapter 775 - Emergency Services Districts
Subchapter C. Organization, Powers, and Duties
Section 775.031. District Powers
Section 775.0315. Legal Representation
Section 775.032. Certain Businesses Not Subject to Ad Valorem Tax or District Powers
Section 775.033. Liability of District
Section 775.034. Appointment of Board in District Located Wholly in One County
Section 775.0341. Appointment of Board in Certain Districts Located in More Than One County
Section 775.0345. Election of Board in Certain Counties
Section 775.035. Election of Board in District Located in More Than One County
Section 775.0355. Disqualification of Emergency Services Commissioners in Certain Counties
Section 775.036. Powers and Duties of Board
Section 775.0362. Limit on Regulation of Fireworks
Section 775.0363. Regulation of Fireworks
Section 775.0365. Board Training
Section 775.0366. Service Contracts
Section 775.037. Officers of Board
Section 775.038. Compensation; Conflict of Interest
Section 775.039. Differential Pay and Benefits for Employees of Emergency Services Districts
Section 775.040. Fees for Providing Services
Section 775.041. Fee Payment and Collection
Section 775.042. Removal of Board Member by Board
Section 775.0422. Removal of Appointed Board Member by Commissioners Court
Section 775.0423. Removal of Elected Board Member
Section 775.043. Exemption From Investment Training
Section 775.044. Vacancy on Board of District Located in More Than One County
Section 775.0445. Vacancy on Board of District Located in Certain Counties