(a) It is a ground for removal from the state board that a trustee:
(1) does not have at the time of appointment the qualifications required by Section 865.001;
(2) does not maintain during service on the state board the qualifications required by Section 865.001;
(3) violates a prohibition established by Section 865.002;
(4) cannot discharge the person‘s duties for a substantial part of the term for which the person is appointed because of illness or disability; or
(5) is absent from more than half of the regularly scheduled state board meetings that the trustee is eligible to attend during a calendar year unless the absence is excused by a majority vote of the state board.
(b) The validity of an action of the state board is not affected by the fact that it is taken when a ground for removal of a trustee exists.

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Terms Used In Texas Government Code 865.005

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the state board of the ground. The presiding officer shall then notify the governor that a potential ground for removal exists.