Texas Special District Local Laws Code 7201.058 – Grounds for Removal
(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 § 7201.055(b) or is disqualified from serving under § 7201.059;
(2) does not complete the education program required by § 7201.054;
(3) does not meet the eligibility requirements under § 7201.072;
(4) fails to comply with § 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 § 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 § 176.003, Local Government Code;
(8) fails to comply with § 171.004, Local Government Code;
(9) does not file the financial statement required of state officers under § 7201.056; or
(10) does not file a campaign treasurer appointment form or a required report under § 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.
Terms Used In Texas Special District Local Laws Code 7201.058
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Property: means real and personal property. See Texas Government Code 311.005
(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 § 49.105, Water Code.