(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications required by Texas Occupations Code §202.051 or §202.053; (2) does not maintain during service on the board the qualifications required by Texas Occupations Code §202.051 or §202.053; (3) is ineligible for membership under Texas Occupations Code §202.054; (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 board meetings that the member is eligible to attend during a calendar year unless the absence is excused by a majority vote of the board. (b) The board shall develop and implement an additional "Division of Responsibilities" policy to set forth clarifications and separations of power, and remedies to include penalties for the abuse of any power by a board member or employee. (c) The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists. (d) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the president of the board of the potential ground. The president shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the president, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Source Note: The provisions of this §389.9 adopted to be effective March 4, 2008, 33 TexReg 1809