ByLaws

BY-LAWS OF

THE SECTION ON 

INDIVIDUAL RIGHTS AND RESPONSIBILITIES

 

ARTICLE I

Name and Purpose

 

Section 1. This section shall be known as the Individual Rights and Responsibilities Section of the State Bar of Texas.

Section 2. The purpose of this section shall be to study and report on laws, decisions and governmental regulations as they may affect the enforcement of individual rights and the meeting of individual responsibilities under the rule of law and to provide a common meeting ground and forum f or members of the profession for consideration of problems with respect to recognition and enjoyment of individual rights within the American constitutional system on the part of lawyers.

 

ARTICLE II

Membership

 

Section 1. Each member of the section shall pay to the Secretary-Treasurer of the section annual dues of $3.00. Any member of the State Bar of Texas upon request to the Secretary-Treasurer of the section and upon payment of dues for the current year shall be enrolled as a member of this section Thereafter said dues shall be paid in advance each year beginning on the next July 1st succeeding such enrollment. Any member of this section whose annual dues shall be more than six months past due shall thereupon cease to be a member of this section. Members so enrolled and whose dues are so paid shall constitute the membership of this section.

 

ARTICLE III

Officers

 

Section 1.The officers of this section shall be a Chairman, a Vice-Chairman and a Secretary-Treasurer.

Section 2.There shall be a council which shall consist of the Chairman, Vice-Chairman, Secretary-Treasurer, and all former Chairmen, all of whom shall be members, ex-officio, together with six other members to be elected by the section as herein after provided.

Section 3. The Chairman, Vice-Chairman, and Secretary-Treasurer shall be nominated and elected, in manner hereinafter provided, at each annual meeting of this section, to hold office for term beginning at the close of the annual meeting at which they shall have been elected, and ending at the close of the next succeeding annual meeting of the section, and until their successors shall have been elected and qualified.

Section 4. At the first annual meeting of the section, three members of the council shall be nominated and elected to serve for one year, and three for two years (year, as herein used, meaning a term beginning at the close of the annual meeting at which they shall have been elected and ending at the close of the first or second annual meeting of this section respectively. Thereafter, upon the expiration of each of these initial terms, three members of the council shall be elected at each annual meeting of the section for terms of two years beginning at the close of the annual meeting at which they shall have been elected and ending at the close of the second succeeding annual meeting of the section.

Section 5. If any elected member of the council shall fail to attend two successive meetings of the council, the office held by such member shall be automatically vacated, and the council shall fill the vacancy for the unexpired term.

 

ARTICLE IV

Nomination and Election of Officers

 

Section 1. Nominations at the first session of each annual meeting of the section, the Chairman, with the Vice-Chairman, shall appoint a nominating committee of four members of the section, not members of the council, which   committee shall make and report nominations to the section for the offices of the Chairman, Vice Chairman, Secretary-Treasurer and members of council. Other nominations for the same office may be made from the floor.

Section 2. Elections. All elections shall be by written ballot unless otherwise ordered by resolution duly adopted by the section at the annual meeting at which the election is held.

 

ARTICLE V

Duties of Officers

 

Section 1. Chairman. The Chairman shall preside at all meetings of the section and of the council. He shall formulate and present at each annual meeting of the State Bar of Texas a report of the work of the section for the then past year. He shall perform such other duties and acts as usually pertain to his office.

Section 2. Vice-Chairman. Upon the death, resignation or during the disability of the Chairman, or upon his refusal to act, the Vice-Chairman shall perform the duties of the Chairman for the remainder of the Chairman's term except in case of the Chairman’s disability and then only during so much of the term as the disability continues.

Section 3. Secretary-Treasurer. The Secretary-Treasurer shall be the custodian of all books, papers, documents, funds   and other property of the section. He shall keep a true record of the proceedings of all meetings of the section and of the council, whether assembled or acting under submission with the Chairman and Vice-Chairman he shall prepare a summary or digest of the proceedings of the section at its annual meeting. He, in conjunction with the Chairman, and the Vice-Chairman, as authorized by the council, shall attend generally to the business of the section. He shall keep an accurate record of all moneys appropriated to and expended for the use of the section. He shall deposit the funds of the section in a separate account in any bank to be selected by the council generally in the city where the Secretary-Treasurer resides and he shall make disbursements from such funds as directed and authorized by the council on checks signed by him and countersigned by either the Chairman or the Vice-Chairman.

 

ARTICLE VI

Duties and Powers of the Council

 

Section 1. The council shall have general supervision and control of the affairs of the section subject to the rules governing the State Ba of Texas and the by-laws of this section. It shall especially authorize all commitments or contracts which shall entail the payment of money, and shall authorize the expenditure of all moneys.

Section 2. The council may authorize the Chairman, with the Vice-Chairman, to appoint committees from section members to perform such duties and exercise such powers as the council may direct, subject to the limitations of these bylaws and rules governing the State Bar of Texas.

Section 3. The Council. During the interim between annual meetings of the section, may fill vacancies in its own membership or in the office of Secretary-Treasurer, or in the event of a vacancy in both the office of Chairman and Vice-Chairman, then in the office of Chairman. Members of the council, and officers so selected shall serve until the close of the next annual meeting of the section or until their successors shall have been elected and qualified.

Section 4. Members of the council when personally present at a meeting of the council shall vote in person, but when absent may communicate their vote, in writing, upon any proposition, to the Secretary-Treasurer and have it counted with the same effect as if cast personally at such meeting.

Section 5. The Chairman of the section may, and upon the request of any member of the council shall, submit or cause to be submitted in writing to each of the members of the council any proposition upon which the council may be authorized to act, and the members of the council may vote upon such proposition or propositions so submitted  by  communicating  their vote thereon, in writing over their respective signatures, to the Secretary-Treasurer, who shall record upon his minutes each proposition so submitted , when, how , at whose request same was submitted, and the vote of each member of council thereon, and keep on file such written and signed votes, such vote shall constitute the vote of the council as provided in Section 4, above.

 

ARTICLE VII

Meetings

 

Section 1. The annual meeting of the section shall be held during the annual meeting of the State Bar of Texas, in the same city as such annual meeting of the State Bar of Texas , with such program and order of business as may be arranged by the council.

Section 2. Special meetings of the section may be called by the Chairman upon approval of the council, at such time and place as the council may determine.

Section 3. The members of the section present at any meeting shall constitute a quorum for the transaction of business.

Section 4. All binding action of the section shall be by a majority vote of the members present.

Section 5. Any recommendation or declaration of the section as to existing or proposed legislation, or as to existing or proposed governmental regulations or administration, in order to constitute the action of the section, shall first have been approved by two-thirds of the council and then by a majority of the section provided that the action must also be submitted for approval to the Board of Directors of the State Bar of Texas.

 

ARTICLE VIII

Miscellaneous Provisions

 

Section 1. The fiscal year of the section shall be the same as that of the State Bar of Texas.

Section 2. No salary or compensation shall be paid to any officer, councilor or member of a committee, actual expenses of the Secretary-Treasurer shall be reimbursed as approved by the council.

Section 3. These bylaws shall become effective upon the approval thereof by the Board of Directors of the State Bar of Texas.

 

ARTICLE IX

Amendments

 

These bylaws may be amended at any annual meeting of the section by a majority vote of the members of the section present and voting provided such proposed amendment shall first have been approved by two-thirds or more of the Council, and provided, further, that no amendment so adopt shall become effective until approved by. The Board of Directors of the State Bar of Texas.