| 1 | 1 | | 86R4878 SOS-D |
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| 2 | 2 | | By: Metcalf H.B. No. 1008 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the service of a member of the Texas Higher Education |
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| 8 | 8 | | Coordinating Board or the commissioner of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 61.0223, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) It is a ground for removal from the board that a member: |
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| 14 | 14 | | (1) does not have at the time of taking office the |
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| 15 | 15 | | qualifications required by Section 61.0222(a); |
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| 16 | 16 | | (2) does not maintain during service on the board the |
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| 17 | 17 | | qualifications required by Section 61.0222(a); |
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| 18 | 18 | | (3) is ineligible for membership under Section 61.022 |
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| 19 | 19 | | or 61.0222; |
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| 20 | 20 | | (4) cannot, because of illness or disability, |
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| 21 | 21 | | discharge the member's duties for a substantial part of the member's |
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| 22 | 22 | | term; [or] |
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| 23 | 23 | | (5) is absent from more than half of the regularly |
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| 24 | 24 | | scheduled board meetings that the member is eligible to attend |
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| 25 | 25 | | during a calendar year without an excuse approved by a majority vote |
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| 26 | 26 | | of the board; or |
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| 27 | 27 | | (6) has taken an action that impairs the execution of a |
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| 28 | 28 | | decision made by a majority of the board's membership at a board |
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| 29 | 29 | | meeting. |
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| 30 | 30 | | (d) If the lieutenant governor or a member of the |
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| 31 | 31 | | legislature has knowledge that a potential ground for removal |
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| 32 | 32 | | exists, the lieutenant governor or member, as applicable, may |
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| 33 | 33 | | inform the governor or the attorney general that a potential ground |
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| 34 | 34 | | for removal exists. |
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| 35 | 35 | | SECTION 2. Section 61.028, Education Code, is amended by |
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| 36 | 36 | | adding Subsection (b-1) to read as follows: |
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| 37 | 37 | | (b-1) If at a board meeting the board determines based on |
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| 38 | 38 | | written evidence that the commissioner has taken an action that |
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| 39 | 39 | | impairs the execution of a decision made at a board meeting by a |
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| 40 | 40 | | majority of the board's membership, the board shall terminate the |
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| 41 | 41 | | commissioner's employment at that meeting or the next board |
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| 42 | 42 | | meeting. The board may adopt rules to administer this subsection. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2019. |
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