By-Laws

(Meeting minutes are available upon request. Please send a request to adminlaw@adminlaw.org)

Article I

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 who are engaged in the practice of law before the various governmental agencies, through study, 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.

Article II

Membership

Section 1. Any dues paying member of the State Bar of Texas, upon registering his or her name with the Secretary of this Section and payment of a fee of $25.00 per year, may become a member of this Section.

Article III

Officers and Council

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

Section 2. There shall be a Council composed of fifteen members: the officers, the retiring chairperson, and nine other members of the Section. The President, President-Elect, and Vice-President of the State Bar of Texas shall be non-voting ex-officio members of the Council.

Article IV

Duties and Powers of Officers

Section 1. Chairperson. The Chairperson, or successively, the Chairperson-Elect or Vice-Chairperson, in the absence of the Chairperson, shall preside at all meetings of the Section, and of the Council. He or she shall formulate and provide to the Annual Meeting of the State Bar of Texas a report of the work of the Section for the then closing year. He or she shall appoint the Chairpersons and members of all Committees of the Section who are to hold office during his or her term as Chairperson. He or she shall plan and supervise the program of the Section at the Annual Meeting of the State Bar of Texas during his or her term, subject to the directions and approval of the Council. He or she shall oversee the performance of all activities of the Section. He or she shall keep the Council duly informed and carry out its decisions. 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. Chairperson-Elect. The Chairperson-Elect shall, in consultation with the Chairperson, arrange for the appointment of the Chairperson and members of all Committees who are to hold office during his or her coming term as Chairperson. He or she shall aid the Chairperson in the performance of his or her responsibilities in such manner and to such extent as the Chairperson may request. He or she 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 Chairperson. In case of the death, resignation or disability of the Chairperson, the Chairperson-Elect shall perform the duties of the Chairperson for the remainder of the Chairperson’s term or disability, as the case may be.

Section 3. Vice-Chairperson. The Vice-Chairperson shall be responsible for procuring and publishing suitable articles to advance the purpose of the Section, in consultation with the other officers of the Section and with the aid of the Secretary. The Vice-Chairperson shall aid the Chairperson and the Chairperson-Elect in the performance of their responsibilities in such manner and to such extent as either may request. The Vice-Chairperson 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 Chairperson.

Section 4. The Secretary. The Secretary shall consult with and assist all 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. 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. He or she shall assist the Chairperson in the preparation of 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 Chairperson, as authorized by the council, shall attend generally to the business of the Section.

Section 5. The Treasurer. The Treasurer shall keep an accurate record of all moneys appropriated to and expended for the use of the Section. He or she shall collect, receipt and account for all moneys. The Treasurer shall ensure that the Section complies with the Finance and Investment Policies established by Article V, Section 6 of these By-Laws.

Article V

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. All binding action of the Council shall be by majority vote of those present, provided that a quorum shall consist of not less than eight members.

Section 3. Members of the Council shall vote in person.

Section 4. The Chairperson 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 votes thereon, in writing over their respective signatures to the Secretary, who shall record upon his or her minutes each proposition so submitted, at any annual or called meeting. As used herein, the term “writing” shall include communications via electronic mail. When electronic mail is used, an electronic signature rather than an actual signature may be provided.

Section 5. A member of the Council who is absent at two consecutive meetings or from four regular meetings during the annual period from July 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 6. The Council shall submit to the State Bar accounting department on a monthly basis copies of all statements from financial institutions, check registers and evidences of deposit. 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.

Article VI

Meetings

Section 1. The Annual Meeting of the Section shall be during the Annual Meeting of the State Bar of Texas, in the same city or place 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 Chairperson 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 Section of the Public Law 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.

Article VII

Elections

Section 1. The members of the Section at each annual meeting shall elect:

  1. A Chairperson-Elect, Vice-Chairperson, Secretary and Treasurer for a term of one year; and
  2. 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. At the first session of each Annual Meeting of the Section, the Chairperson shall appoint a Nominating Committee of three members of the Section, which committee shall make and report nominations to the Section for such officers and Council members as are included to be elected at the Annual Meeting. Other nominations for the same offices may be made from the floor.

Article VIII

Succession of Officers, Vacancies,

Section 1. Chairperson-Elect. Unless he or she shall have refused to act as Chairperson, the Chairperson Elect shall, at the end of the Annual Meeting following the one at which he or she was elected, automatically assume the office of Chairperson, 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, Chairperson, Chairperson-Elect and Vice-Chairperson. Members of the Council and officers so selected shall serve until the close of the next annual meeting of the Section.

Section 3. Retiring Chairperson. At the end of his or her term of office as Chairperson, the Retiring Chairperson shall become a member of the Council for the term of one year.

Article IX

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 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 Chairperson 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.

Article X

Amendments

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.