BHA. Removal From Office (BL)

Board members may be removed from office for:

  1. “Incompetency,” which means:
  2. Gross ignorance of official duties;
  3. Gross carelessness in the discharge of those duties; or
  4. 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
  5. “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.
  6. 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.
  7. Conviction by a jury for any felony or for misdemeanor official misconduct.
  8. 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


Revised: 11/15/12