Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY COMMISSIONERS COURT.
(a) This section does not apply to a district unless the commissioners court of the county in which the district is located adopts this section by resolution.
(a-1) This section applies only to an appointed board member. This section does not apply to a board member who:
(1) is elected; or
(2) is appointed to fill a vacancy in an elected board member position.
(b) The commissioners court of the county in which a district is located, by an order adopted by a majority vote after a hearing, may remove a board member for:
(1) incompetency, as defined by Section 87.011, Local Government Code;
(2) official misconduct, as defined by Section 87.011, Local Government Code; or
(3) misconduct, as defined by Section 178.001, Local Government Code.
(b-1) Section 551.0745, Government Code, applies to a deliberation regarding a removal of a board member in the same manner as that section applies to a deliberation regarding a dismissal of a member of an advisory body.
(c) Not later than the 30th day before the date on which the hearing is held, a commissioners court seeking removal under this section must:
(1) notify the board members that it is considering that action; and
(2) provide the board member with an opportunity to show cause why the board member should not be removed.
(d) 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 2009, 81st Leg., R.S., Ch. 308 (H.B. 527), Sec. 2, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 116 (H.B. 1917), Sec. 1, eff. May 21, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 116 (H.B. 1917), Sec. 2, eff. May 21, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 7, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 8, eff. June 17, 2011.
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