Tex. Occ. Code Section 51.209
Advisory Boards; Removal of Advisory Board Member


(a)

This section applies to any advisory board appointed to advise the commission or department regarding a program subject to regulation by the department.

(a-1)

An advisory board shall meet at the call of the executive director or the presiding officer of the commission.

(a-2)

An advisory board may meet by telephone conference call, videoconference, or other similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public. If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant’s voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Sections 551.127 (Videoconference Call)(a-3), (b), (c), (e), (f), (h), (i), and (j), Government Code.

(b)

An advisory board member who was appointed by the presiding officer of the commission with the commission’s approval may be removed from the advisory board by the presiding officer with the commission’s approval on any of the following grounds:

(1)

the member does not have at the time of becoming a member of the advisory board the qualifications required by the law or rule authorizing appointment of the member;

(2)

the member does not maintain during service on the advisory board the qualifications required by the law or rule authorizing appointment of the member;

(3)

the member cannot, because of illness or disability, discharge the member’s duties for a substantial part of the member’s term;

(4)

the member is absent from more than half of the regularly scheduled advisory board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory board; or

(5)

the member is unfit to continue serving on the advisory board.

(c)

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

(d)

Notwithstanding any other law, Chapter 2110 (State Agency Advisory Committees), Government Code, does not apply to an advisory board established to advise the commission or department.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.04, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 613 (H.B. 3743), Sec. 4, eff. September 1, 2023.

Source: Section 51.209 — Advisory Boards; Removal of Advisory Board Member, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­51.­htm#51.­209 (accessed Jun. 5, 2024).

51.001
Definitions
51.002
Application of Sunset Act
51.003
Applicability
51.051
Texas Department of Licensing and Regulation
51.052
Appointment of Commission
51.053
Commission Membership
51.054
Training
51.055
Terms
51.056
Presiding Officer
51.057
Grounds for Removal
51.058
Compensation
51.059
Meetings
51.060
Civil Liability
51.101
Executive Director
51.103
Executive Director Powers and Duties
51.104
Personnel
51.105
Division of Responsibilities
51.106
Information on Standards of Conduct
51.107
Career Ladder Program
51.108
Equal Employment Opportunity Policy
51.201
General Powers and Duties of Commission
51.202
Fees
51.203
Rules Regarding Programs Regulated by Department
51.204
Rules Restricting Advertising or Competitive Bidding
51.207
Use of Technology
51.208
Negotiated Rulemaking and Alternative Dispute Resolution Procedures
51.209
Advisory Boards
51.210
Method of Making Payments
51.211
Risk-based Inspections
51.251
Public Interest Information
51.252
Complaints
51.253
Public Participation
51.254
Confidentiality of Complaint and Disciplinary Information
51.255
Statistical Analysis of Complaints
51.301
Imposition of Penalty
51.302
Amount of Penalty
51.303
Notice of Violation and Penalty
51.304
Penalty to Be Paid or Hearing Requested
51.305
Hearing on Recommendations
51.306
Decision by Commission
51.307
Options Following Decision: Pay or Appeal
51.308
Collection of Penalty
51.309
Remittance of Penalty and Interest
51.310
Administrative Procedure
51.351
Inspections and Investigations
51.352
Injunctive Relief
51.353
License Denial
51.354
Right to Hearing
51.355
License Eligibility of Person Whose License Has Been Revoked
51.356
Deferred Adjudication
51.357
Restricted Licenses for Certain Occupations
51.358
Restricted License Term
51.359
Refund
51.401
License Expiration and Renewal
51.402
Examinations
51.403
Examination Fee Refund
51.405
Continuing Education
51.406
Staggered Renewal of Licenses
51.407
Temporary License
51.408
Emergency License
51.409
Financial Disclosure Statement
51.451
Definition
51.452
Telephone Information System
51.501
Telehealth
51.0535
Conflict of Interest
51.2031
Rules Regarding Health-related Programs
51.2032
Rules Regarding Podiatry
51.2095
Interdisciplinary Advisory Boards
51.2521
Complaint Investigation
51.3025
Imposition of Sanction
51.3511
Issuance of Emergency Orders
51.3512
Subpoenas
51.3513
Cease and Desist Order
51.4011
Inactive Status
51.4012
License Eligibility Requirements Regarding Applicant’s Background
51.4013
License Eligibility Requirements for Applicants with Military Experience
51.4014
License Application from Inmate
51.4041
Alternative Qualifications for License

Accessed:
Jun. 5, 2024

§ 51.209’s source at texas​.gov