Administrative and Public Law Section
State Bar of Texas
(Meeting minutes are available upon request. Please send a request to firstname.lastname@example.org)
Name and Purpose
Section 1. This Section shall be known as the Administrative and Public Law Section.
Section 2. The purpose of this Section shall be to enhance the role and skills of members of the State Bar of Texas who are engaged in government service or the practice of administrative law, through continuing legal education projects and seminars, the dissemination of materials on matters of interest and concern to the membership, and through the exchange of ideas among the membership of this Section. It is also the aim of this Section to cooperate with and encourage membership in other sections of the State Bar, as well as to encourage broader participation in the State Bar by the many publicly employed lawyers of this State.
Section 1. Any dues paying member of the State Bar of Texas (“State Bar”), upon payment of a fee of $25.00 per year in addition to the general State Bar dues, may become a member of this Section. Membership may be accomplished through the State Bar payment process, or, through contact directly with the Secretary of this Section and payment of the membership fee.
Officers and Council
Section 1. The officers of this Section shall be a Chair, Chair-Elect, Vice-Chair, Secretary, and Treasurer.
Section 2. There shall be a Council composed of seventeen members: the officers, the retiring Chair, and nine other members of the Section. Two members, the Third Court of Appeals Justice and the Travis County District Court Judge, are ex officio members, with voting rights. The President, President-Elect, and Vice-President of the State Bar of Texas or their designees shall be non-voting ex-officio members of the Council.
Duties and Powers of Officers
Section 1. Chair. The Chair, or successively, the Chair-Elect or Vice-Chair, in the absence of the Chair, shall preside at all meetings of the Section and of the Council. He or she shall formulate and provide a report of the work of the Section for the then–closing year to the State Bar for use at the Annual Meeting of the State Bar. He or she shall appoint the Chairs and members of all Committees of the Section who are to hold office during his or her term as Chair. He or she shall plan and supervise the program of the Section at the Annual Meeting of the State Bar during his or her term, subject to the directions and approval of the Council. He or she shall act as the Chair of the Planning Committee of the Advanced Administrative Law Seminar, subject to the directions and approval of the Council. He or she shall be an authorized signatory on any financial institution account(s) approved by the Council that are used to conduct Section business. He or she shall keep a key to the Section’s mailbox, if any, and shall assist the Treasurer in the use and maintenance of same. He or she shall otherwise oversee the performance of all activities of the Section. He or she shall carry out the decisions of the Council and shall keep the Council duly informed of the status of matters within the scope of the Chair’s duties . He or she shall perform such other duties and acts as usually pertain to his or her office or as may be designated by the Council.
Section 2. Chair-Elect. The Chair-Elect shall perform such duties and have such powers as usually pertain to his or her office or as may be designated by the Council or the Chair. He or she shall assist the Chair in the performance of his or her responsibilities in such manner and to such extent as the Chair may request. In case of the death, resignation, or disability of the Chair, the Chair-Elect shall perform the duties of the Chair for the remainder of the Chair’s term or disability, as the case may be. The Chair-Elect or designee shall serve as the Council’s representative on any pro bono or equal justice committees, task forces, etc., developed and initiated by the State Bar or the Supreme Court of Texas.
Section 3. Vice-Chair. The Vice-Chair shall perform such further duties and have such further powers as usually pertain to his or her office or as may be designated by the Council or the Chair. The Vice-Chair shall be a member of the Administrative Law Journal Committee during such times as the Council shall annually approve the appropriation of funds for said Journal, and shall assist in procuring and publishing suitable articles to advance the purpose of the Section. The Vice-Chair shall aid the Chair and the Chair-Elect in the performance of their responsibilities in such manner and to such extent as either may request.
Section 4. The Secretary. The Secretary shall consult with and assist the officers of the Section as to the work of the Section generally in such manner and to such extent as they may request. The Secretary shall be the custodian of all books, papers, documents, and other property of the Section, except for those related to the Section’s finances, which shall be kept by the Treasurer. He or she shall keep a true record of the proceedings of all meetings of the Section and of the Council, whether assembled or acting under submission, which shall be reviewed and approved by the Council at each monthly meeting. He or she shall assist the Chair in preparing the Section’s annual report submitted in the Spring of each year for publication in the June issue of the Texas Bar Journal, describing the activities and plans of the Section. He or she, in conjunction with the Chair, as authorized by the council, shall attend generally to the business of the Section.
Section 5. The Treasurer. The Treasurer shall oversee the finances of the Section. In performing this task, the Treasurer shall receive and account for all revenues received by the Section during his or her term. The Treasurer shall also review and pay all authorized debts of the Section and maintain an appropriate record of same. As approved by the Council, the Treasurer may cooperate with the State Bar in the execution of his or her duties. The Treasurer, along with the Chair, shall be authorized signatories on any financial institution account(s) approved by the Council that are used to conduct Section business. The Treasurer shall report on the state of the Section’s finances at each monthly council meeting. The Treasurer shall have a key to the mailbox. The Treasurer shall chair the Budget and Finance Committee and shall prepare the annual budget. The Treasurer shall ensure that the Section complies with the Finance and Investment Policies established by Article V, Section 7 of these By-Laws.
Duties and Power of Council
Section 1. The Council shall have general supervision and control of the affairs of the Section subject to the provisions of the Rules Governing the State Bar of Texas, the policies adopted by the Board of Directors of the State Bar of Texas, and the Bylaws of this Section. It shall especially authorize all commitments or contracts which shall entail the payment of money.
Section 2. The Council shall meet at the Texas Law Center on the second Friday of each month, except for July, at such time and for such period as the Chair may determine appropriate. The Chair may call such other meetings of the Council as may be necessary and proper for the conduct of the business of the Section.
Section 3. All binding action of the Council shall be by majority vote of those present, provided that a quorum shall consist of not less than nine members.
Section 4. Members of the Council shall vote in person, except as set forth in Section 5 of this Article.
Section 5. The Chair 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. The members of the Council may vote upon such proposition or propositions so submitted by communicating their votes thereon in writing over their respective signatures to the Secretary, who shall record upon his or her minutes each proposition so submitted, and shall report to the Council at the next regularly scheduled meeting. As used herein, the term “writing” shall include communications via email. When email is used, an electronic signature rather than an actual signature may be provided.
Section 6. A member of the Council who is absent at two consecutive regularly scheduled meetings, or from four such meetings during the annual period from August through June, without having been previously excused by the Chair shall be deemed to have resigned unless the Council votes to excuse the absence. The vacancy shall be filled for the unexpired term by the Chair of the Council upon consent of a majority of a quorum of the Council at a meeting of the Council.
Section 7. The Council shall submit to the State Bar accounting department on a monthly basis copies of all financial information necessary to prepare the financial statements. The Council shall submit to the State Bar by July 15th of each year a financial report for the preceding fiscal year ending May 31st which includes a balance sheet and income statement. The Council shall comply with the Investment Standard of the State Bar Board Policy Manual. The Treasurer of the Council shall perform these functions.
Section 1. The Annual Meeting of the Section shall be the second Friday in June, at the Texas Law Center in Austin, 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 Chair upon approval of 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. The Administrative and Public Law Section hereby delegates to its Council authority to act for the Section as to all matters whatsoever which come before the Section during intervals between Annual and Special meetings of the Section.
Section 6. The Council may direct that a matter be submitted to the members of the Section for vote by mail. In such event binding action of the Section shall be by a majority of the votes received in accordance with rules fixed by the Council.
Section 1. The members of the Section at each Annual Meeting shall elect:
- A Chair-Elect, Vice-Chair, Secretary and Treasurer for a term of one year; and
- three members of the council, for a term of three years each.
Section 2. All terms of office herein specified shall begin at the close of the Annual Meeting at which election takes place, and shall end at the close of the Annual Meeting at the end of the term specified. If, at the close of any term of office, a successor has not been elected and qualified, then the term shall be extended until a successor shall have been elected and qualified.
Section 3. Nominations. Nominations shall be made by members of the Council.
Succession of Officers, Vacancies,
Section 1. Chair-Elect. Unless he or she shall have refused to act as Chair, the Chair-Elect shall, at the end of the Annual Meeting following the one at which he or she was elected, automatically assume the office of Chair, for the term of one year.
Section 2. Council. The Council, during the interim between Annual Meetings of the Section, may fill vacancies in its own membership or in the offices of Secretary, Treasurer, Chair, Chair-Elect, and Vice-Chair. Members of the Council and officers so selected shall serve until the close of the next Annual Meeting of the Section.
Section 3. Retiring Chair. At the end of his or her term of office as Chair, the Retiring Chair shall become a voting member of the Council for the term of one year.
Required Financial Statement
Section 1. Pursuant to Section 5.01.06 (F) of the State Bar Board Policy Manual—September 2015, the following is included in the bylaws:
Section 2. 5.01.06 Finances
(A) Section Dues and Other Fees. This Section is authorized to collect membership dues and other funds from its activities and, subject to the other provisions of The State Bar Board Policy Manual (“Policy Manual”), applicable law, rules and regulations, to determine how its funds are invested and expended. The Board must approve the establishment or revision of any Section dues.
(B) Depositories and Investments. Section funds must be invested consistent with State Bar investment policy as set forth in Section 3.05 of the Policy Manual. The Section shall deposit its funds into either a branch of the State Bar banking depository, or an alternative banking depository meeting the requirements of the investment policy as set forth in Section 3.05 of the Policy Manual.
(C) Books, Records and Reports. The Section shall maintain accurate financial books and records and have appropriate controls on the maintenance and disbursement of Section’s funds, all in a fashion that permits the inclusion of the Section’s financial information in the State Bar’s financial statements and audit. The Section also shall provide to the State Bar such financial information as may be required for compliance with the requirements for the independent financial and/or internal audits of the State Bar as required by applicable law, rules and regulations. The Section also shall submit to the Executive Director by July 15 of each year a Section budget for the current Fiscal Year.
(D) Sales Tax. To the extent required by law, this Section shall collect sales tax on goods or services that it sells, and timely each month, remit to the State Bar all sales tax collected during the immediately preceding month, along with a report listing the price, quantity and description of the goods or services so sold in such detail as the State Bar accounting department reasonably may require to ensure compliance with applicable law, rules and regulations.
(E) State Bar Assistance to Sections. For each Section supplying the required monthly financial information of the Section, the accounting department of the State Bar shall prepare and provide to the treasurer of the Section, a monthly and year-to-date Section financial report and a monthly cash and investment account reconciliation. Upon request, the accounting department of the State Bar shall be available to work with the bank and the treasurer of the Section to facilitate the submission of the financial information to the State Bar. Additionally, any Section may elect to have the State Bar manage Section funds, including depositing dues, managing operating expenses, issuing checks, and preparing financial reports and budgets. The State Bar will provide assistance to Sections under this Subsection 5.01.06 at no charge to Sections, except that expenses incurred in providing financial information in a format other than an electronic format prescribed by the accounting department of the State Bar shall be borne by the Section.
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 of the Section, member of the Council, or member of a Committee.
Section 3. No action by this Section shall become effective as the action of the State Bar of Texas until it is approved by the Board of Directors of the State Bar of Texas. Any resolution adopted or action taken by this Section may, on request of the Section, be reported by the Chair of the Section to the Annual Meeting of the State Bar of Texas for the Board of Directors action thereon.
Section 4. These By-laws shall become effective upon the approval by the Board of Directors of the State Bar of Texas and by this Section.
Section 5: The Section, Section council, Officers, or Section members shall not take an official Section position on pending legislation, rules, or judicial decisions without first going through the process mandated by the State Bar of Texas.
Section 6. All information concerning any section member that is deemed confidential by state or federal law, including Tex. Govt. Code Ch. 552 and Tex. Occ. Code Ch. 59, including email addresses, may be used only for official Section business and may not be disclosed to the public.
Section 1. These By-laws may be amended by a majority vote of the Council, and provided further that no amendment so adopted shall become effective until approved by the Board of Directors of the State Bar of Texas.