1. (a) It is a ground for removal from the state board that a trustee:

   1. (1) does not have at the time of appointment the qualifications required by Section 865.001;
   2. (2) does not maintain during service on the state board the qualifications required by Section 865.001;
   3. (3) violates a prohibition established by Section 865.002;
   4. (4) cannot discharge the person's duties for a substantial part of the term for which the person is appointed because of illness or disability; or
   5. (5) is absent from more than half of the regularly scheduled state board meetings that the trustee is eligible to attend during a calendar year unless the absence is excused by a majority vote of the state board.
2. (b) The validity of an action of the state board is not affected by the fact that it is taken when a ground for removal of a trustee exists.
3. (c) If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the presiding officer of the state board of the ground. The presiding officer shall then notify the governor that a potential ground for removal exists.

Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.