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A BILL TO BE ENTITLED
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AN ACT
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relating to request, receipt, and maintenance of certain security |
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clearance by members of the Public Safety Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.036, Government Code, is amended to |
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read as follows: |
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Sec. 411.0036. REMOVAL OF COMMISSION MEMBER. (a) It is a |
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ground for removal from the commission if a member: |
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(1) does not have at the time of appointment the |
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qualifications required by Section 411.003; |
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(2) does not maintain during service on the commission |
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the qualifications required by Section 411.003; |
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(3) does not request, receive, and maintain a federal |
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secret level security clearance; |
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(3)(4) violates a prohibition established by Section |
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411.0035; |
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(4)(5) cannot discharge the member's duties for a |
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substantial part of the term for which the member is appointed |
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because of illness or disability; or |
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(5)(6) is absent from more than half of the regularly |
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scheduled commission meetings that the member is eligible to attend |
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during a calendar year unless the absence is excused by majority |
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vote of the commission. |
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(b) The validity of an action of the commission is not |
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affected by the fact that it is taken when a ground for removal of a |
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commission member exists. |
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(c) If the director has knowledge that a potential ground |
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for removal exists, the director shall notify the chairman of the |
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commission of the potential ground. The chairman shall then notify |
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the governor and the attorney general that a potential ground for |
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removal exists. If the potential ground for removal involves the |
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chairman, the director shall notify the member with the longest |
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tenure on the commission, other than the chairman, who shall then |
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notify the governor and the attorney general that a potential |
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ground for removal exists. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |