Tex. Gov't Code Section 437.061
Removal Provisions for Adjutant General

(a)

It is a ground for removal that the adjutant general:

(1)

does not have at the time of appointment the qualifications for service required by this chapter;

(2)

does not maintain the qualifications for service required by this chapter;

(3)

does not obtain approval of the General Officer Federal Recognition Board or its successors;

(4)

is found to have violated ethical standards of conduct of the federal government, this state, or the department; or

(5)

cannot discharge the duties required by the position because of illness or disability.

(b)

The validity of an action of the adjutant general is not affected by the fact that it is taken when a ground for removal exists.

(c)

If a potential ground for removal exists, the deputy adjutant general with the longest tenure in that position in the department shall notify the governor that a potential ground for removal exists.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.

Source: Section 437.061 — Removal Provisions for Adjutant General, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­437.­htm#437.­061 (accessed Jun. 5, 2024).

437.001
Definitions 437.002
Commander-in-chief 437.003
Governor’s Military Appointments 437.004
Regulating Texas Military Forces 437.005
Authority for State Active Duty, State Training, and Other Duty 437.006
Officers 437.007
Enlistment and Appointment 437.008
Military Facilities Projects: Matching Federal Funds 437.0011
Reference in Other Law 437.051
Sunset Provision 437.052
Adjutant General: Jurisdiction, Division of Responsibilities, and Qualifications 437.053
Adjutant General: Duties 437.054
Adjutant General: General Powers 437.055
Seal 437.056
Mandatory Training for Adjutant General 437.057
Deputy Adjutants General 437.058
General Officers 437.059
Adjutant General Appointments 437.060
Conflict of Interest Provisions 437.061
Removal Provisions for Adjutant General 437.062
Salaries 437.063
Adjutant General: Delegation of Expenditure Approval Authority 437.101
Director of State Administration 437.102
Department Personnel 437.103
State Guard Administrative Personnel 437.104
Career Ladder Program 437.105
Authority to Make Differential Payments 437.106
Historical Preservation of Records and Property 437.107
Reports 437.108
Technology Policy 437.109
Exemption from Certain State Activities 437.110
Post Exchanges on State Military Property 437.111
Donations 437.112
Information of Interest 437.113
Alternative Dispute Resolution Procedures 437.114
Supplies 437.115
Bids 437.116
Program Accessibility 437.117
Texas Challenge Academy 437.118
Maintenance and Operation of Military Housing 437.119
Use of Funds to Purchase Food and Beverages 437.151
Real Property Advisory Council 437.152
Public Comment 437.153
Borrowing Money 437.154
Report of Military Use of Property 437.155
Acquisition 437.156
Construction 437.157
Lease of Property 437.158
Transfer to State 437.159
Property Financed by Bonds 437.160
Donation of Property 437.161
Tax Status of Property 437.162
Facility Accessibility 437.163
Disposal of Certain Surplus Real Property 437.201
Certification of Military Units 437.202
Leave of Absence for Public Officers and Employees 437.203
Dual Office Holding 437.204
Reemployment of Service Member Called to Training or Duty 437.205
Oath 437.206
Commissions 437.207
Military Unit as Corporate Body 437.208
Organization Prohibited 437.209
Foreign Troops 437.210
Interference with Texas Military Forces 437.211
Management of Unit Funds 437.212
Pay, Benefits and Requirements for State Active Duty, State Training, and Other Duty 437.213
Certain Benefits and Protections for State Service 437.214
Military Funerals and Honors 437.215
Grave Markers for State Military Personnel 437.216
Service Referral Program 437.217
Exemption from Fees for Deployed Military Personnel 437.218
Tax Exemption 437.219
Compensation 437.220
Supplemental Duty Pay for Economic Hardship 437.221
Other Duty and Community Service Missions 437.222
Liability of Service Member 437.223
Exemption from Arrest 437.224
Voting 437.225
Discharge 437.226
Assistance for Tuition and Fees 437.227
Compensation for Death or Injury 437.228
Issuance and Use of Uniform and Other Military Property 437.229
Uniform 437.230
Exemption from Levy and Sale 437.231
Seizure 437.232
Confidentiality of Military Personnel Information 437.251
Composition 437.252
Local Governmental Assistance 437.253
Property Forfeiture 437.254
Employees in Texas Military Forces 437.255
Assisting Texas State Guard with Cyber Operations 437.301
Commander 437.302
Composition 437.303
Governor’s Authority 437.304
Assistance 437.305
Employees in State Guard 437.306
Use Outside State 437.307
Federal Service 437.308
Records 437.309
Texas State Guard Honorary Reserve 437.310
Texas State Guard Uniform and Insignia Fund 437.351
Texas Legislative Medal of Honor 437.352
Lone Star Medal of Valor 437.353
Recommendations 437.354
Awarding 437.355
Other Awards 437.356
Posthumous Awards 437.357
Design 437.401
Definitions 437.402
Filing of Complaint 437.403
Alternative Dispute Resolution 437.404
Investigation by Commission 437.405
Lack of Reasonable Cause 437.406
Determination of Reasonable Cause 437.407
Resolution by Informal Methods 437.408
Notice of Dismissal or Unresolved Complaint 437.409
Temporary Injunctive Relief 437.410
Civil Action by Commission 437.411
Notice of Complainant’s Right to File Civil Action 437.412
Civil Action by Complainant 437.413
Commission’s Intervention in Civil Action by Complainant 437.414
Assignment to Early Hearing 437.415
Injunction 437.416
Compensatory and Punitive Damages 437.417
Attorney’s Fees 437.418
Compelled Compliance 437.419
Trial De Novo 437.0531
Equal Employment Opportunity Policy Statement 437.2121
Extended State Active Duty Service for Administrative Support 437.2131
Right to Civil Action and Private Legal Counsel 437.2235
Public Duty Justification
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Accessed:
Jun. 5, 2024

§ 437.061’s source at texas​.gov