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Texas Special District Local Laws Code - SDLL § 7201.058. Grounds for Removal

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A director may be removed from the board by a majority of the other directors if the director:

(1) does not have at the time of appointment the qualifications required by Section 7201.055(b)or is disqualified from serving under Section 7201.059;

(2) does not complete the education program required by Section 7201.054;

(3) does not meet the eligibility requirements under Section 7201.072;

(4) fails to comply with Section 7201.071;

(5) misses one-half or more of the regularly scheduled meetings during the preceding 12 months;

(6) repeatedly fails to file an affidavit under Section 553.002, Government Code, disclosing an interest in property to be acquired with public money;

(7) repeatedly fails to file a conflicts disclosure statement under Section 176.003, Local Government Code;

(8) fails to comply with Section 171.004, Local Government Code;

(9) does not file the financial statement required of state officers under Section 7201.056; or

(10) does not file a campaign treasurer appointment form or a required report under Section 7201.055.

(b) The board shall adopt procedures for the removal of a director under this section that are designed to provide due process to the director. Procedures adopted under this subsection must include reasonable notice and public hearing. Reasonable notice and a public hearing are not required if the director to be removed expressly waives the notice and hearing in writing.

(c) A director shall be removed from the board by the other remaining directors if the director has been convicted of or has pleaded guilty or nolo contendere to a civil or criminal offense of:

(1) bribery;

(2) embezzlement, extortion, or other theft of public money;

(3) perjury;

(4) coercion of a public servant or voter;

(5) tampering with a governmental record;

(6) misuse of official information;

(7) abuse of official capacity; or

(8) conspiracy to commit or an attempted commission of an offense described by Subdivisions (1)-(7).

(d) The board shall begin the process of notice and public hearing for the removal of a director not later than the 30th day after the date the board receives notice of a violation under this section. If the removal of a director is based on a violation described by Subsection (a), the remaining directors shall make a determination on whether the violation occurred on or before the 60th day after the date of the public hearing.

(e) Not later than the 30th day after the date the board removes a director, the board shall begin the process of filling the vacancy in accordance with Section 49.105, Water Code.

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Cite this article: FindLaw.com - Texas Special District Local Laws Code - SDLL § 7201.058. Grounds for Removal - last updated January 01, 2024 | https://codes.findlaw.com/tx/special-district-local-laws-code/sdll-sect-7201-058/

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