(a) It is a ground for removal from the commission that a public member:
(1) does not have at the time of taking office the qualifications required by § 436.051(b);
(2) does not maintain during service on the commission the qualifications required by § 436.051(b);
(3) is ineligible for membership under § 436.051(d) or 436.055;
(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.
(b) 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.

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Terms Used In Texas Government Code 436.056

  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) If the director has knowledge that a potential ground for removal exists, the director 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 director 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.