BYLAWS OF THE LGBTQ+ LAW SECTION OF THE STATE BAR OF TEXAS
ARTICLE I
Name and Purpose
Section 1.1. This section shall be known as the LGBTQ+ Law Section of the State Bar of Texas.
Section 1.2. The purpose of the section is to:
(1) promote the study of lesbian, gay, bisexual, transgender, queer (LGBTQ+) and HIV law;
(2) study and report on laws, decisions, and governmental regulations as they may affect the rights, responsibilities, and needs of LGBTQ+ people, as well as persons who are living with HIV;
(3) provide a common meeting ground and forum for members of the profession interested in the legal problems of people who are LGBTQ+, as well as people who are living with HIV;
(4) support student organizations and the study of LGBTQ+ and HIV law in law schools across Texas that are consistent with the purpose of this section; and
(5) take action regarding these matters, subject to these bylaws and the laws, rules, and regulations of the State of Texas.
ARTICLE II
Membership
Section 2.1. Each member must pay annual dues that are set by the Section Council and approved by the State Bar. Discounts may be given to members of the Law School and Paralegal Divisions of the State Bar and newly inducted members of the State Bar.
Section 2.2. Any member of the State Bar, or a member of the Law School Division or Paralegal Division, on payment of the current year’s dues, shall be enrolled as a member of this section. If a member lapses in their dues, they may rejoin the section once they pay their dues for the current year.
ARTICLE III
Section Council and Officers
Section 3.1. The section officers are the chair, vice-chair, secretary, treasurer, and communications director.
Section 3.2. The section shall be led by a council which shall consist of the chair, vice-chair, secretary, treasurer, communications director, and five at-large members. The immediate past chair shall also be a voting member of the council, while the next two most recent past chairs shall be non-voting, ex officio members.
Section 3.3. The chair, vice-chair, secretary, treasurer, and communications director shall be elected at each annual meeting of the section, to hold office for a term beginning at the close of the annual meeting at which they were elected and ending at the close of the next annual meeting, or until their successors have been elected and qualified.
Section 3.4. During even numbered years, two members of the council shall be elected for the position of at-large member. Their terms shall last two years beginning at the close of the annual meeting at which they were elected and ending at the close of the second succeeding annual meeting, or until their successors have been elected and qualified. During odd numbered years, three members of the council shall be elected for the position of at-large member. Their terms shall last two years beginning at the close of the annual meeting at which they were elected and ending at the close of the second succeeding annual meeting, or until their successors have been elected and qualified.
Section 3.5. If any officer or member of the council fails to attend three successive meetings of the council, the position held by that officer or member of the council is automatically vacated unless the council determines by a record vote that good cause exists for one or more of the absences. The council shall fill the vacancy for the unexpired term pursuant to section 6.3, except that a vacancy in the position of one of the three most recent past chairs shall remain vacant.
ARTICLE IV
Nomination and Election of Officers and Members of the Council
Section 4.1. Nominations. Before each annual meeting, the chair shall appoint a nominating committee of three members. That nominating committee shall make and report nominations to the section for the offices of the chair, vice-chair, secretary, treasurer, communications director, and any vacant at-large positions. Other nominations for the same positions may be made from the floor during the annual meeting.
Section 4.2. Elections. All elections must be by written or electronic ballot unless otherwise ordered by a resolution duly adopted by the section at the annual meeting at which the election is held. The nominee who receives a majority of votes from members present at the meeting shall be elected to each position, and the chair who is concluding their term may only vote in the event of a tie.
Section 4.3. Whenever a vacancy occurs in the first year of the two-year term of a member of the council, there shall be an election to fill the unexpired term at the next annual meeting, regardless of whether the council acts to fill the vacancy pursuant to section 6.3.
ARTICLE V
Duties of Officers
Section 5.1. Chair. The chair shall: (1) preside at all meetings of the section and of the council; (2) formulate and present at the annual meeting of the State Bar of Texas a report of the work of the section for the past year; and (3) perform other duties customary for the chair.
Section 5.2. Vice-chair. The vice chair shall assist the chair in performing the duties of coordinating and facilitating the section’s mission and goals. When the chair is absent, the vice chair shall preside at all meetings of the section and council and shall also assume the role of the chair if the chair becomes vacant during the bar year.
Section 5.3. Secretary. The secretary is the custodian of all records, documents, information, and membership lists of the section. The secretary shall keep a true record of the proceedings of all meetings of the section and the council, whether assembled or acting under submission. The secretary shall help the chair prepare a summary or digest of the proceedings of the section at its annual meeting. The secretary shall also work with the communicators director to ensure that the section’s e-mail list and website are accurate and up-to-date.
Section 5.4. Treasurer. The treasurer is the custodian of all financial documents and funds of the section. The treasurer shall deposit the funds of the section in a separate account in any bank to be selected by the council, pursuant to the rules and practices of the State Bar, and shall make disbursements from funds only when duly authorized by the section council. The treasurer shall keep an accurate record of all funds appropriated to and expended for the use of the section and shall work with the chair and council to develop and maintain a budget for the year. The treasurer shall submit to the State Bar of Texas accounting department on a monthly basis all documents the State Bar of Texas requires to be submitted. The treasurer shall work with the chair and council to coordinate sponsorships to help support the section’s activities and shall also maintain and enforce the section’s reimbursement policy.
Section 5.5. Communications Director. The communications director helps the section council communicate with members of the section and external audiences, including other sections of the State Bar, lawyers, judges, law students, law school groups, section sponsors, and local bar associations. The communications director maintains the section’s website, social media accounts, and e-mail list, and oversees the section’s logo, branding, and graphic design. The communications director also works with the chair to send an annual newsletter and regular e-mails to members about the section’s activities.
ARTICLE VI
Duties and Powers of the Council
Section 6.1. The council shall have general supervision and control of the affairs of the section subject to the rules governing the State Bar of Texas and these bylaws. The council shall authorize all commitments or contracts which require the payment of money and shall authorize the expenditure of all funds, except for itemized expenses already included and authorized in the annual budget.
Section 6.2. The chair may appoint committees composed of at-large council members or section members to perform duties and exercise various tasks as the council may direct, subject to the limitations of these bylaws and rules governing the State Bar of Texas.
Section 6.3. The council, during the interim between annual meetings, may fill vacancies in its own membership or in the offices of vice-chair, secretary, treasurer, and communications director, or, in the event of a vacancy in both the office of chair and vice-chair, then in the office of chair. Members of the council and officers so selected serve until the close of the next annual meeting, or until their successors have been elected and qualified.
Section 6.4. Members of the council, when physically present or participating telephonically or electronically at meetings of the council, shall vote while present, but when absent may communicate their vote regarding any proposition to the secretary in writing and have the vote counted with the same effect as if cast personally at the meeting.
Section 6.5. The chair may, and on the request of any member of the council shall, submit or cause to be submitted in writing (including via e-mail) to each of the members of the council any proposition on which the council may be authorized to act. The members of the council may vote regarding that proposition by communicating their vote to the secretary in writing over their respective signatures. A vote conducted under this section constitutes the vote of the council the same as if the vote was conducted under section 6.4.
Section 6.6. Meetings of the council may be called by the chair at a time and place determined by the chair.
Section 6.7. A majority of the members of the council, including the immediate past chair, constitutes a quorum for the transaction of business. A quorum may also be established if a council member is not able to be present but submits their vote(s) in writing. A binding action of the council requires a majority vote of the members of the council, present and voting.
ARTICLE VII
Section Meetings
Section 7.1. The annual meeting of the section must be held during the annual meeting of the State Bar of Texas, in the same city as the annual meeting of the State Bar of Texas, with the program and order of business as may be arranged by the chair.
Section 7.2. Special meetings of the section may be called by the chair at a time and place determined by the chair.
Section 7.3. The members present at any meeting constitute a quorum for the transaction of business.
Section 7.4. A binding action of the section requires a majority vote of the members present and voting.
Section 7.5. Any recommendation or declaration of the section regarding existing or proposed legislation, or regarding proposed governmental regulations or administration, in order to constitute the action of the section, must first be approved by two-thirds of the members of the council and then be approved by a majority of the members of the section present and voting; provided that the action must be submitted for approval to the board of directors of the State Bar of Texas.
ARTICLE VIII
Miscellaneous Provisions
Section 8.1. The fiscal and membership year of the section is the same as that of the State Bar of Texas.
Section 8.2. No salary or compensation may be paid to any officer or member of the council. With council approval, the treasurer may approve requests for reimbursement for council members, members, and volunteers or speakers in accordance with the reimbursement policy adopted by the council.
Section 8.3. No positions may be taken by the section or its membership in the name of the section that advocates or advances a political or social policy position.
Section 8.4. As required by Part VI, subsection 6.02.08 D of the State Bar of Texas Board policy manual, the provisions of Part VI, subsections 6.02.08 A, B, and C, and any future amendments, are adopted and attached to these bylaws as an appendix.
ARTICLE IX
Amendments
Section 9.1. These bylaws may be amended at any annual or special meeting by a majority vote of the members present and voting, provided each proposed amendment must have been approved by two-thirds of the members of the council. No amendment may become effective until approved by the board of directors of the State Bar of Texas.
[1] Adopted on June 12, 1998, by a vote of 8 to 0./s/ Anne M. Pike
Vice-Chair
June 17, 1998
Date
/s/ Charles Spain
Secretary
17 June 98
Date
Bylaws previously approved by the State Bar board of directors on April 17, 1998.
[2] Amended on June 11, 1999, by a unanimous vote./s/ Charles Spain
Chair
17 June 99
Date
/s/ John Adcock
Secretary
June 17, 1999
Date
Amendments approved by the State Bar board of directors on September 24, 1999.
[3] Amended on June 23, 2000, by a unanimous vote./s/ Charles Spain
Chair
23 June 00
Date
/s/ John Adcock
Secretary
June 23, 2000
Date
Amendments approved by the State Bar board of directors on September 22, 2000.
[4] Amended on June 14, 2002, by a unanimous vote./s/ John Nechman
Vice-Chair
June 14 2002
Date
/s/ Charles Spain
Acting Secretary
14 June 2002
Date
Amendments approved by the State Bar board of directors on September 20, 2002.
[5] Amended on June 13, 2003, by a unanimous vote./s/ John Nechman
Chair
June 13 2003
Date
/s/ Kent Rutter
Acting Secretary
13 June 2003
Date
Amendments approved by the State Bar board of directors on January 23, 2004.
[6] Amended on June 25, 2004, by a unanimous vote./s/ Rick Thompson
Chair
June 25, 2004
Date
Amendments approved by the State Bar board of directors on April 8, 2005.
[7] Amended on June 11, 2010, by a unanimous vote./s/ Christopher Walter
Chair
June 11, 2010
Date
/s/ Karen Langsley
Acting Secretary
June 11, 2010
Date
Amendments previously approved by the State Bar board of directors on April 16, 2010.
[8] Amended on June 23, 2023, by a two-thirds majority vote./s/ Brian Klosterboer
Chair
June 23, 2023
Date
/s/ Nicholas Guillory
Secretary
June 23, 2023
Date
Amendments approved by the State Bar board of directors on September 29, 2023.
APPENDIX
6.02.08 Finances
- Each section is authorized to collect membership dues and govern expenditures of dues income. The establishment of or any revision in the section dues requires approval by the State Bar Board of Directors. Each section shall submit to the Executive Director by July 15 each year a complete financial report for the preceding fiscal year ending May 31 and a section budget for the current fiscal year.
- Section funds can only be invested within the parameters outlined in the State Bar of Texas Investment Policy as set forth in section 10.05 of the State Bar Board policy manual.
- Each section shall deposit dues income into either a branch of the State Bar of Texas banking depository, or an alternative banking depository meeting the requirements of subsection B above. In the event a selects the alternative depository, it shall instruct the depository to provide directly to the State Bar a duplicate of the bank statements, canceled checks, and deposit slips. Any expense incurred in providing duplicates to the State Bar shall be borne by the section. Upon request by the section treasurer, the accounting department of the State Bar shall prepare a monthly and year to-date section financial report. Any section may opt to have the State Bar manage section funds, including depositing dues, managing operating expenses, issuing checks, and preparing financial reports and budgets. This optional latter service will be provided by the State Bar at no charge to sections having less than 250 members. Larger sections electing this service may be charged a per capita fee per member not to exceed $1.