BHA. Removal From Office (BL)
Board members may be removed from office for:
- “Incompetency,” which means:
- Gross ignorance of official duties;
- Gross carelessness in the discharge of those duties; or
- Unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of election
- “Official misconduct,” which means intentional, unlawful behavior relating to official duties by a Regent entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Regent to perform a duty imposed on the Regent by law and conviction of an offense relating to violation of purchase procedures.
- Intoxication on or off duty caused by drinking an alcoholic beverage, but not if it was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician.
- Conviction by a jury for any felony or for misdemeanor official misconduct.
- Excessive absences, when member is absent for more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year, not counting an absence for which the member is excused by a majority vote of the Board.
Actions for removal of Board members must be brought before the judge of the district court holding jurisdiction, except that any court convicting a Regent of a felony or official misconduct shall order immediate removal.
Tex. Const. Art. V, Sec. 24; Local Gov’t Code 87.011, 87.012, 87.013, 87.031; Education Code 44.032(e); Education Code 130.0845