This section lets the governor remove a commission member for specified grounds and requires notice-up-the-chain when a potential removal ground is known.
Sec. 15.206. REMOVAL. (a) A ground for removal of a commission member by the governor exists if a member: (1) neglects the member's duty; (2) is incompetent; or (3) commits fraudulent or criminal conduct. (b) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications required by Sections 15.202, 15.203, and 15.204; (2) does not maintain during service on the commission the applicable qualifications required by Sections 15.202, 15.203, and 15.204; (3) is ineligible for membership under Section 15.202, 15.203, or 15.204; (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. (c) 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. (d) If the commissioner has knowledge that a potential ground for removal exists, the commissioner 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 commissioner 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. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.08(b), eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 5, eff. September 1, 2009.