(a) Except as provided by Subsection (f) of this section, a member of a marketing association may initiate removal of an officer or director by filing in writing with the association’s secretary:
(1) the charges; and
(2) a petition that is signed by 10 percent of the members and that requests the removal of the officer or director in question.
(b) The members of the association shall vote on the removal at the next regular or special meeting of the association.

Terms Used In Texas Agriculture Code 52.103

  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • 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
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005

(c) Before the meeting the association, in writing, shall inform the officer or director of the charges.
(d) At the meeting the association shall give the officer or director and the person bringing the charges an opportunity to be heard in person or by counsel and to present witnesses.
(e) The association, by a majority vote, may remove the officer or director and fill the vacancy.
(f) If an association’s bylaws provide for election of directors by districts with primary elections in each district, the petition for removal of a director must state the charges and must be signed by 20 percent of the members residing in the district from which the director was elected. The board of directors shall call a special meeting of the members residing in that district to consider removal of the director. The members in that district, by a majority vote, may remove the director.

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