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Resignation

Effective Date

Holdover Doctrine

Residency

Involuntary Removal from Office

Quo Warranto

A person usurps, intrudes into, or unlawfully holds or executes a public office; or

A public officer does an act or allows an act that by law causes forfeiture of office.

Civ. Prac. & Rem. Code 66.001–.002

Removal by Petition and Trial

Reasons for Removal

"Incompetency," which means:

Gross ignorance of official duties;

Gross carelessness in the discharge of those duties; or

Unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of election.

"Official misconduct," which means intentional, unlawful behavior relating to official duties by a board member entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a board member to perform a duty imposed on the board member by law.

Intoxication on or off duty caused by drinking an alcoholic beverage, but not if it was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician.

Conviction of a board member by a jury for any felony or for misdemeanor official misconduct. The conviction of a public officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer.

Tex. Const., Art. V, Sec. 24; Local Gov't Code 87.011, .013, .031; Hendricks v. State, 49 S.W. 705 (1899), Tovar v. Somerset Indep. Sch. Dist., 994 S.W.2d 756 (Tex. App.—Corpus Christi 1999, pet. denied)

Removal for Purchasing Violations

Former Board Member Employment

Filling a Vacancy

Appointment

Special Election

Date of Election

Ordering Election

Oath

Temporary Replacement of Board Member on Military Active Duty

The term of the active military service of the board member who is temporarily replaced; or

The term of office of the board member who is temporarily replaced.

Tex. Const., Art. XVI, Sec. 72

Van Alstyne ISD

BBC(LEGAL)-A

UPDATE 103

DATE ISSUED: 9/23/2015