Native American Law Section

of the State Bar of Texas

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Bylaws of the Native American Law Section of the State Bar of Texas
  • ARTICLE I -- Name and Purpose
    Section 1. This section shall be known hereafter as the Native American Law Section of the State Bar of Texas. This is change of name only and does not affect any prior actions of the section.

    Section 2. The purpose of this section is to advocate the common professional interests of Native American lawyers and those having an interest in Native American Law. In addition, the section seeks to utilize the legal skills of its members to promote Native American issues in both public and private forums.

    Membership is open to, Native American attorneys and those attorneys having an interest in Native American legal issues, and any paralegal working for a member of the State Bar of Texas. Because of the diverse tribal interests in Texas, the further goal of this section is to provide a forum, for shared concerns which can be addressed through the utilization of the legal skills of its members.

    The section strives to address Native' American legal concerns in order to heighten public, awareness of how Native American legal issues affect every facet of everyday life in Texas and elsewhere. back
  • ARTICLE II -- Membership
    Section 1. There shall be the following categories of membership:

    A. Attorneys licensed by the State Bar of Texas for more than two (2) years and having current, valid membership in the State Bar of Texas.

    B. Attorneys licensed by the State Bar of Texas for less than two (2) years and having current, valid membership in the State Bar of Texas.

    C. Associate Members consisting of any person, without regard to domicile, interested in Native American law and issues.

    D. Students currently enrolled full-time in an accredited college, university or academic institution of higher learning.

    Section 2. Voting rights, dues and other matters pertaining to membership.

    A. Attorneys licensed by the State Bar of Texas for more than two (2) years and having current, valid membership in the State Bar of Texas shall be voting members of the section. Each member shall pay annual dues of $20.00 in accordance with the rules and procedures of the State Bar of Texas.

    B. Attorneys licensed by the State Bar of Texas for less than two (2) years and having current, valid membership in the State Bar of Texas shall be voting members of the section. Membership in this category is free. Each member shall properly document and record his or her membership in accordance with the rules and procedures of the State Bar of Texas.

    C. Associate Members consisting of any person, without regard to domicile, interested in Native American law and issues shall be non-voting members of the section. Each member shall pay annual dues of $10.00 in accordance with the rules and procedures of the State Bar of Texas.

    D. Students currently enrolled full-time in an accredited college, university or academic institution of higher learning shall be non-voting members of the section. Each member shall properly document and record his or her membership in accordance with the rules and procedures of the State Bar of Texas.


    Section 3. Attorneys licensed by the State Bar of Texas must enroll as attorneys in Categories A or B described above and pay the dues required for membership in the section.



    Section 4. Enrolled members whose dues have been paid constitute the membership of this section.
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  • ARTICLE III -- Officers
    Section 1. The officers of this section are as follows: Chair; Vice-Chair; Secretary; and Treasurer.

    Section 2. There shall be a Council which shall consist of the Chair, Vice-Chair, Secretary, and Treasurer, and all former Chairs, all of whom are members, ex-officio, together with six other members to be elected by the section as provided in these bylaws.

    Section 3. The Chair, Vice-Chair, Secretary, and Treasurer must be nominated and elected at each annual meeting of this 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 of the section, and until their successors have been elected and qualified.

    Section 4. At the organizational meeting of the section, or if none is held, then 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 were 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 were elected and ending at the close of the second succeeding annual meeting of the section.

    Section 5. If any elected member of the Council fails to attend two successive meetings of the Council, the office held by that member may be filled by the Council, if a majority of the Council is in attendance on the occasion of that second successive absence, or at another meeting of the Council thereafter, determines that the member of the Council should be replaced. back
  • ARTICLE IV -- Nomination and Election of Officers
    Section 1. Nominations. At the first session of each annual meeting of the section, the Chair, with the Vice-Chair, shall appoint a nominating committee of four members of the section which committee shall make and report nominations to the section for the offices of the Chair, Vice-Chair, Secretary, Treasurer, and members of Council. Other nominations for the same office may be made from the floor.

    Section 2. Elections. All elections must be by written ballot unless otherwise ordered by resolution duly adopted by the section at the annual meeting at which the election is held. back
  • ARTICLE V -- Duties of Officers
    Section 1. Chair. The Chair shall: (1) preside at all meetings of the section and or the Council; (2) formulate and present at each annual meeting of the State Bar of Texas a report of the work of the section for the past year; (3) perform other duties customary for the Chair.

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

    Section 3. Secretary. The Secretary is the custodian-of all books, papers, documents, funds and other property 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 Chair, Vice-Chair, and Secretary shall prepare a summary or digest of the proceedings of the section at its annual meeting. In conjunction with the Chair and the ViceChair, the Secretary as authorized by the Council, shall attend generally to the business of the section.

    Section 4. Treasurer. The Treasurer is the custodian of all financial books papers, 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, generally in the city where the Treasurer resides, and shall make disbursements from funds as directed and authorized by the Council on checks signed by the Treasurer and countersigned by either the Chair or the ViceChair. The Treasurer shall keep an accurate record of all funds appropriated to and expended for the use of the section. back
  • 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 Bar of Texas and the bylaws of this section. The Council shall authorize all commitments or contracts which require the payment of money, and shall authorize the expenditure of all funds.

    Section 2. The Council may authorize the Chair, with the Vice-Chair, to appoint committees from section members to perform duties and exercise the 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 offices of Secretary and Treasurer; 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 of the section or until their successors have been elected and qualified.

    Section 4. Members of the Council when personally present at meeting of the Council shall vote in person, but when absent may communicate their vote, in writing or by telephone, regarding any proposition, to the Secretary and have the vote counted with the same effect as if cast personally at the meeting.

    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, and the members of the Council may vote regarding that proposition by communicating their vote, in writing over their respective signature, to the Secretary. The Secretary shall record the vote of each member of the Council, and keep on file the written and signed votes. A vote conducted under this section of these bylaws constitutes the vote of the Council the same as if the vote was conducted under Article VI, Section 4 of the these bylaws.

    Section 6. The members of the Council present at any meeting constitute a quorum for the transaction of the Council's business.

    Section 7. Written notice mailed three days prior to a Council meeting or transmitted by facsimile 48 hours prior to a Council meeting' constitutes adequate-notice of a Council meeting. back
  • ARTICLE VII -- Meetings
    Section 1. The annual meeting of the section may 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 Council. The annual meeting may also be held at a special meeting to be set at a date, time and place upon thirty (30) days notice to the membership of the section. No special notice from the section need be given if the annual meeting is to be held during the annual meeting of the State Bar of Texas.

    Section 2. Special meetings of the section may be called by the Chair upon approval of the Council, at a time and place the Council determines.

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

    Section 4. A binding action of the section requires a majority vote of the members present.

    Section 5. Any recommendation or declaration of the section regarding existing or proposed legislation; or regarding proposed governmental regulation 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; provided that the action must also be submitted for approval to the Board of Directors of the State Bar of Texas. back
  • ARTICLE VIII -- Miscellaneous Provisions
    Section 1. The fiscal year of the section is the same as that of the State Bar of Texas.

    Section 2. No salary or compensation may be paid to any officer or member of this section except that reasonable actual expenses of the section's members may be reimbursed if approved by the Council. back
  • 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 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. back