By: Estes S.B. No. 1814
A BILL TO BE ENTITLED
AN ACT
relating to request, receipt, and maintenance of certain security
clearance by members of the Public Safety Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.036, Government Code, is amended to
read as follows:
Sec. 411.0036. REMOVAL OF COMMISSION MEMBER. (a) It is a
ground for removal from the commission if a member:
(1) does not have at the time of appointment the
qualifications required by Section 411.003;
(2) does not maintain during service on the commission
the qualifications required by Section 411.003;
(3) does not request, receive, and maintain a federal
secret level security clearance;
(3)(4) violates a prohibition established by Section
411.0035;
(4)(5) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5)(6) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the chairman of the
commission of the potential ground. The chairman shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
chairman, the director shall notify the member with the longest
tenure on the commission, other than the chairman, who shall then
notify the governor and the attorney general that a potential
ground for removal exists.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.