Section 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: (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.Tex. Health and Safety Code § 775.0422
Amended By Acts 2011, 82nd Leg., R.S., Ch. 639, Sec. 7, eff. 6/17/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 639, Sec. 8, eff. 6/17/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 116, Sec. 1, eff. 5/21/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 116, Sec. 2, eff. 5/21/2011.Added by Acts 2009, 81st Leg., R.S., Ch. 308, Sec. 2, eff. 6/19/2009.