AMENDED BYLAWS
OF THE
BANKRUPTCY LAW SECTION
OF THE
STATE BAR OF TEXAS
ARTICLE I
NAME AND PURPOSE

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Section 1. Name
Section 2. . This Section shall be known as the Bankruptcy Law Section of the State Bar
of Texas.
Purpose

ARTICLE II . The purpose of this Section shall be to (1) promote the study of
Bankruptcy law, (2) study and report on laws and decisions as they may affect the rights
of parties in the bankruptcy process, and (3) provide a forum for members of the legal
and financial communities interested in Bankruptcy law, and (4) facilitate the provision of
pro bono legal services directly by Section members or through qualified legal aid organizations.

MEMBERSHIP
Section 1. Any member of the State Bar of Texas who desires to become a member of
this Section shall, upon request to the Secretary of the Section and payment of the annual
Section dues, be enrolled as a member. Members so enrolled shall constitute the
membership of this Section.
Section 2. Any individual who is not a member of the State Bar of Texas but who desires
to be a member of the Section may be so enrolled upon approval by the Chair as a nonvoting
associate member upon payment of annual Section dues for non-State Bar
members, as determined from year to year by the Council.
Section 3. Any member of this Section whose annual dues are more than six months
delinquent shall automatically cease to be a member.
Section 4. The Council may from time to time designate one or more persons as
“Honorary Permanent Members” of the Section. Honorary Permanent Members shall be
enrolled as members of the Section without application by such persons and or the
payment of annual Section dues and shall be included as members for all purposes. The
criteria for the designation of such Honorary Permanent Members shall be decided on a
case-by-case basis by the majority vote of the Council.
Section 5. All current United States Bankruptcy Judges for the Northern, Western,
Southern and Eastern Districts of Texas shall be enrolled as members of the Section
without application or the payment of annual Section dues and shall be included as
members for all purposes.

ARTICLE III
OFFICERS AND COUNCIL
Section 1. Designation of Officers
Section 2. . The Officers of this Section shall be a Chair, a Vice-Chair, a Vice President –
Consumer Bankruptcy, a Vice President – Business Bankruptcy, a Vice President –
Publications and Communications, a Vice President – Public Education, a Vice President
– Professional Education, a Vice President – Law School Relations, a Vice President –
Membership, a Secretary, a Treasurer and a Historian.

Council
Section 3. . There shall be a Council which shall consist of the Officers of the Section,
together with nine other members to be elected as hereinafter provided. The Immediate
Past Chair shall be an ex-officio non-voting member of the Council. The Chair shall have
the right to appoint additional ex-officio members to serve during the Chair’s term
including, but not limited to, an ex-officio, non-voting representative of those associate
members described in Article II, Section 2 hereof.
Term of Office for Officers
Section 4. . The Chair and the Vice-Chair shall be nominated and elected at the Annual
Meeting of this Section in the manner hereinafter provided, to hold office for a one year
term beginning at the close of the Annual Meeting of this Section at which they shall
have been elected, and ending at the close of the next succeeding Annual Meeting of this
Section after such election and until their successors shall have been elected and qualify.
The other Officers shall be nominated and elected at an Annual Meeting of this Section in
the manner hereinafter provided, to hold office for a two-year term beginning at the close
of the Annual Meeting of this Section at which they shall have been elected, and ending
at the close of the second succeeding Annual Meeting of this Section after such election
and until their successors shall have been elected and qualify.

Term of Office for Council Members
Section 5. . Three members of the Council shall be elected at each Annual Meeting of this
Section, for terms of three years beginning at the close of the Annual Meeting at which
they shall have been elected and ending at the close of the third succeeding Annual
Meeting of this Section.

Eligibility to Serve on Council
Section 6. . A member of the Council, who is not an officer, is eligible to be elected to the
Council for one additional three-year consecutive term. There is no limit on the number
of consecutive terms a member of the Council may serve while serving as an Officer but
no Officer may serve more than two full consecutive terms in the same office. There is no
limit on the number of non-consecutive terms a member of the Council may serve.
Require Attendance; Filling of Vacancy. If any elected member of the Council shall fail
to attend two consecutive meetings of the Council, the office held by such member shall
be deemed automatically vacated unless otherwise decided by the Council in its sole and
absolute discretion, and the un-expired term shall be filled by the Council.

ARTICLE IV
NOMINATION AND ELECTION OF OFFICERS AND COUNCIL MEMBERS
Section 1. Nomination
Section 2. . A nominating committee consisting of the Officers and Council members
shall report a slate of proposed Council members and Officers to this Section at each
annual meeting at which a vacancy is to be filled. In addition, nominations from the floor
will be accepted.
Election

ARTICLE V . All elections shall be by written ballot unless otherwise ordered by
resolution duly adopted by this Section at the Annual Meeting at which the election is
held. The Vice President – Consumer Bankruptcy shall be elected by the majority of the
members in attendance at the meeting of the Consumer Bankruptcy Committee held
during the Annual Meeting of the Section. The Vice President – Business Bankruptcy
shall be elected by the majority of the members in attendance at the meeting of the
Business Bankruptcy Committee held during the Annual Meeting of the Section. All
other Officers (except Chair) and members of the Council shall be elected by the majority
of the members of the Section held in attendance at the Annual Meeting of the Section.

DUTIES OF OFFICERS
Section 1. Chair
Section 2. . The Chair shall preside at all meetings of this Section and of the Council. The
Chair shall formulate and present at each Annual Meeting of the State Bar of Texas a
report of the work of this Section for the then past year. The Chair shall perform such
other duties and acts as usually pertain to such office.
Vice-Chair
Section 3. . The Vice-Chair shall perform, on behalf of this Section, such duties as the
Chair may assign. The Vice-Chair shall automatically become Chair at the end of the
term of a Chair. Upon the death, resignation, or during the disability of the Chair or upon
any absence or refusal to act, the Vice-Chair shall perform the duties of the Chair.
Vice President – Consumer Bankruptcy
Section 4. . The Vice President – Consumer Bankruptcy shall preside at all meetings of
the Consumer Bankruptcy Committee and shall otherwise perform such duties as
delegated by the Chair.
Vice President – Business Bankruptcy
Section 5. . The Vice President – Business Bankruptcy shall preside at all meetings of the
Business Bankruptcy Committee and shall otherwise perform such duties as delegated by
the Chair.
Vice President – Publications and Communications. The Vice President – Publications
and Communications shall supervise the publications and communications activities of
the Section and other similar activities and shall otherwise perform such duties as
delegated by the Chair.
Section 6. Vice President – Public Education
Section 7. . The Vice President – Public Education shall supervise the Section’s
educational activities directed to the non-legal public, including, without limitation,
consumers and shall otherwise perform such duties as delegated by the Chair.
Vice President – Professional Education
Section 8. . The Vice President – Professional Education shall supervise the Section’s
educational activities directed to attorneys and shall otherwise perform such duties as
delegated by the Chair.
Vice President – Law School Relations
Section 9. . The Vice President – Law School Relations shall supervise the Section’s
activities directed to law schools and law students and shall otherwise perform such
duties as delegated by the Chair.
Vice President – Membership.
Section 10. The Vice President – Membership shall supervise the Section’s activities for
the solicitation of new members and the retention of existing members and shall
otherwise perform such duties as delegated by the Chair.
Secretary
Section 11. . The Secretary shall be custodian of the minutes, reports and records of this
Section. The Secretary shall keep a correct record of the proceedings of all meetings of
this Section and of the Council. With the Chair, the Secretary shall prepare a summary or
digest of the proceedings of this Section at its Annual Meeting and shall submit the same
to the Board of Directors of the State Bar of Texas for publication in the annual report. In
conjunction with the Chair, as authorized by the Council, the Secretary shall attend
generally to the business of this Section.
Treasurer
Section 12. . The Treasurer shall be responsible for the funds and accounts of this
Section. The Treasurer shall: (i) keep an accurate account of all monies of this Section,
(ii) pay all bills, and (iii) take such other action with respect to the finances of this
Section as the Council may direct. In performing such duties, the Treasurer shall comply
with the provisions of Section 2 of Article VI of these ByLaws.
Historian
ARTICLE VI . The Historian, to be appointed annually by the Chair, shall be responsible
for developing and maintaining the history of the Section, and shall, on an annual basis,
provide the Council with a written account as well as such other activities as the Chair
may deem appropriate.

DUTIES AND POWERS OF THE COUNCIL
Section 1. Jurisdiction. The Council shall have general supervision and control of the
affairs of this Section subject to the provisions of the Constitution and ByLaws of the
State Bar of Texas and the further provisions of these ByLaws. The Council shall
specifically authorize the expenditure of any monies appropriate for the use or benefit of
this Section. It shall not, however, authorize commitments to contracts which shall entail
the payment of any money during any fiscal year unless the funds shall have been
previously appropriated to this Section for that fiscal year by the Board of Directors of
the State Bar of Texas or funds are otherwise available nor shall the Section authorize
reimbursement of seminar expenses to speakers from firms with five (5) or more fulltime
employees who would be eligible to be members of the Section.
Section 2. Finances
Section 3. . This Section is authorized to determine the amount of annual membership
dues (subject to approval by the Board of Directors of the State Bar of Texas), collect
annual membership dues and govern expenditures of any income. This Section shall
submit to the Executive Director of the State Bar of Texas 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. Funds of this Section may 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 of Texas Board of Directors Policy Manual. This 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 the above-mentioned State
Bar of Texas Investment Policy. In the event this Section selects an alternative
depository, it shall instruct the depository to provide directly to the State Bar of Texas a
duplicate of the bank statements, canceled checks, and deposit slips. Any expense
incurred in providing duplicates to the State Bar of Texas shall be borne by this Section.
This Section may request the accounting department of the State Bar of Texas to prepare
a monthly and year-to-date Section financial report. This Section may opt to have the
State Bar of Texas 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 of Texas for a per capita fee per member not to
exceed $1.00.
Committees
Section 4. . There shall be Business Bankruptcy and Consumer Bankruptcy Committees.
The Council may authorize the Chair to appoint additional 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 the Constitution and ByLaws of the State
Bar of Texas.
Vacancies
Section 5. . The Council may fill vacancies in its own membership. Members of the
Council so selected shall serve until the expiration of the term which vacancy is filled.
Required Vote
Section 6. . Unless otherwise expressly provided for in these ByLaws, all binding action
of the Council shall be by a majority vote of the whole Council.
Manner of Voting
Section 7. . Members of the Council may vote in person, telephonically, via electronic
mail or via videoconference.
Notice of Required Vote
Section 8. . The Chair may, and upon the request of any member of the Council shall,
submit or cause to be submitted in writing to each member 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 so submitted by communicating their vote
thereon in writing over their respective signatures to the Secretary who shall record upon
the Minutes each proposition so submitted, when, how, at whose request submitted, and
the vote of each member of the Council thereon, and keep on file such written and signed
votes.
Contracts. The Council may authorize any officer or officers, agent or agents of the
Section in addition to the officers so authorized by these ByLaws, to enter into any
contract or execute and deliver any instrument in the name of and on behalf of the
Section, and such authority may be general or confined to specific instances.
Section 9. Checks, Drafts, Etc

ARTICLE VII . All checks, drafts or orders for the payment of money issued in the name
of the Section shall be signed by such Officer or Officers, agent or agents of the Section
and in such manner as shall from time to time be determined by the Council. In the
absence of such determination by the Council, such instruments shall be signed by the
Chair, the Treasurer and countersigned by any Officer of the Council.

MEETINGS
Section 1. Annual Meeting
Section 2. . The Annual Meeting of this Section may be held during the Annual Meeting
of the State Bar of Texas, in the same city, and at such time and place as may be fixed by
the Board of Directors of the State Bar of Texas, or, alternatively, at such time and place
as determined by the Council, taking into consideration the convenience of the members
of the Section. The program and order of business to be conducted at the Annual Meeting
shall be arranged by the Council.
Special Meetings
Section 3. . Special meetings of this Section may be called by the Chair upon approval of
the Council, at such time and place as the Council may determine.
Quorum
Section 4. . The members of this Section present at any meeting shall constitute a quorum
for the transaction of business and all binding action of this Section shall be by a majority
vote of the members present. Unless otherwise provided by the Council or these ByLaws,
a majority of any committee’s members present shall constitute a quorum, and the act of
a majority of any committee’s members present at a meeting at which a quorum is
present shall be the act of the committee.
Meeting Attendance
Section 5. . A member who attends a meeting by teleconference or video conference shall
be counted as present at such meeting.
Consumer Bankruptcy Committee
Section 6. . The Consumer Bankruptcy Committee shall meet at the Annual Meeting of
this Section and also in conjunction with the Advanced Consumer Bankruptcy Law
Conference sponsored by the State Bar of Texas or at such other time and place as the
Vice President-Consumer Bankruptcy, in consultation with the Chair, shall deem
appropriate.
Business Bankruptcy Committee. The Business Bankruptcy Committee shall meet at the
Annual Meeting of this Section and also in conjunction with the Advanced Business
Bankruptcy Law Conference sponsored by the State Bar of Texas or at such other time
and place as the Vice President-Business Bankruptcy, in consultation with the Chair,
shall deem appropriate.

ARTICLE VIII
GOVERNMENTAL AUTHORITY
Section 1. Section Action not Action of the State Bar of Texas
Section 2. . No action, policy determination, or recommendation of this Section or any
committee thereof shall be deemed to be, or be referred to as, the action of the State Bar
of Texas prior to submission of the same to, and approval by, the Board of Directors of
the State Bar of Texas, the General assembly of the State Bar of Texas in annual
convention, or duly-authorized referendum of the State Bar of Texas. Any resolution
adopted or action taken by this Section may on request of this Section be reported by the
Chair to the State Bar of Texas for action thereon.
Governmental Authority Process
Section 3. . This Section, through the process called “Governmental Authority”, may seek
the authority to present a position of the State Bar of Texas before a public, judicial,
executive or legislative body.
Required Council Action
Section 4. . A position of this Section with respect to which the Governmental Authority
process is desired shall be authorized by the Council only after written notice to all
members of the Council of the proposed position to be adopted and the date at which the
position will be considered by the Council. The proposed position must be adopted by a
three-fourths (3/4) vote of the Council.
Compliance with Governmental Authority Handbook
ARTICLE IX . If a proposed position is adopted by the Council as provided in Section 3
immediately preceding, thereafter all requirements and procedures set forth in the
Governmental Authority Handbook dated January 30, 1981, as amended from time to
time, with respect to application, notice, circulation, clearance, objections, disclaimer,
presentation, filing and all other matters shall be strictly followed.

MISCELLANEOUS PROVISIONS
Section 1. Approval by the State Bar of Texas
Section 2. . Any action by this Section must be approved by the State Bar of Texas before
it becomes effective as action of the State Bar. Any resolution adopted or action taken by
this Section may, on request of the Section, be reported by the Chair of this Section to the
Annual Meeting of the State Bar of Texas for action thereon by the State Bar of Texas.
Effectiveness
Section 3. . These ByLaws shall become effective upon approval thereof by the Board of
Directors of the State Bar of Texas, and upon adoption by this Section.
Printing. Unless the Council determines it is prudent to proceed otherwise, all printing for
this Section or for any committee of this Section shall be done under the supervision of
the headquarters office of the State Bar of Texas.
Section 4. Electronically Communicated Notices
Section 5. . E-mail, facsimile and other electronic communication shall constitute notice
for all purposes of these ByLaws.
Cooperation with Other Sections

ARTICLE X . In order to facilitate cooperation and communications with other Sections
of the State Bar of Texas, the Council may appoint an ex officio member to or a liaison
with any Section of the State Bar of Texas.
AMENDMENTS
These ByLaws may be amended by a two-thirds (2/3) vote of the Council of the Section
and provided, further, that no amendment so adopted shall become effective until it has
been approved by a majority of the members of the Board of Directors of the State Bar of
Texas.
These Bylaws were approved by the State Bar Board of Directors on September 21, 2012.

Section 1. Name
Section 2. . This Section shall be known as the Bankruptcy Law Section of the State Bar
of Texas.
Purpose
ARTICLE II . The purpose of this Section shall be to (1) promote the study of
Bankruptcy law, (2) study and report on laws and decisions as they may affect the rights
of parties in the bankruptcy process, and (3) provide a forum for members of the legal
and financial communities interested in Bankruptcy law, and (4) facilitate the provision of
pro bono legal services directly by Section members or through qualified legal aid organizations.
MEMBERSHIP
Section 1. Any member of the State Bar of Texas who desires to become a member of
this Section shall, upon request to the Secretary of the Section and payment of the annual
Section dues, be enrolled as a member. Members so enrolled shall constitute the
membership of this Section.
Section 2. Any individual who is not a member of the State Bar of Texas but who desires
to be a member of the Section may be so enrolled upon approval by the Chair as a nonvoting
associate member upon payment of annual Section dues for non-State Bar
members, as determined from year to year by the Council.
Section 3. Any member of this Section whose annual dues are more than six months
delinquent shall automatically cease to be a member.
Section 4. The Council may from time to time designate one or more persons as
“Honorary Permanent Members” of the Section. Honorary Permanent Members shall be
enrolled as members of the Section without application by such persons and or the
payment of annual Section dues and shall be included as members for all purposes. The
criteria for the designation of such Honorary Permanent Members shall be decided on a
case-by-case basis by the majority vote of the Council.
Section 5. All current United States Bankruptcy Judges for the Northern, Western,
Southern and Eastern Districts of Texas shall be enrolled as members of the Section
without application or the payment of annual Section dues and shall be included as
members for all purposes.
ARTICLE III
OFFICERS AND COUNCIL
Section 1. Designation of Officers
Section 2. . The Officers of this Section shall be a Chair, a Vice-Chair, a Vice President –
Consumer Bankruptcy, a Vice President – Business Bankruptcy, a Vice President –
Publications and Communications, a Vice President – Public Education, a Vice President
– Professional Education, a Vice President – Law School Relations, a Vice President –
Membership, a Secretary, a Treasurer and a Historian.
Council
Section 3. . There shall be a Council which shall consist of the Officers of the Section,
together with nine other members to be elected as hereinafter provided. The Immediate
Past Chair shall be an ex-officio non-voting member of the Council. The Chair shall have
the right to appoint additional ex-officio members to serve during the Chair’s term
including, but not limited to, an ex-officio, non-voting representative of those associate
members described in Article II, Section 2 hereof.
Term of Office for Officers
Section 4. . The Chair and the Vice-Chair shall be nominated and elected at the Annual
Meeting of this Section in the manner hereinafter provided, to hold office for a one year
term beginning at the close of the Annual Meeting of this Section at which they shall
have been elected, and ending at the close of the next succeeding Annual Meeting of this
Section after such election and until their successors shall have been elected and qualify.
The other Officers shall be nominated and elected at an Annual Meeting of this Section in
the manner hereinafter provided, to hold office for a two-year term beginning at the close
of the Annual Meeting of this Section at which they shall have been elected, and ending
at the close of the second succeeding Annual Meeting of this Section after such election
and until their successors shall have been elected and qualify.
Term of Office for Council Members
Section 5. . Three members of the Council shall be elected at each Annual Meeting of this
Section, for terms of three years beginning at the close of the Annual Meeting at which
they shall have been elected and ending at the close of the third succeeding Annual
Meeting of this Section.
Eligibility to Serve on Council
Section 6. . A member of the Council, who is not an officer, is eligible to be elected to the
Council for one additional three-year consecutive term. There is no limit on the number
of consecutive terms a member of the Council may serve while serving as an Officer but
no Officer may serve more than two full consecutive terms in the same office. There is no
limit on the number of non-consecutive terms a member of the Council may serve.
Require Attendance; Filling of Vacancy. If any elected member of the Council shall fail
to attend two consecutive meetings of the Council, the office held by such member shall
be deemed automatically vacated unless otherwise decided by the Council in its sole and
absolute discretion, and the un-expired term shall be filled by the Council.
ARTICLE IV
NOMINATION AND ELECTION OF OFFICERS AND COUNCIL MEMBERS
Section 1. Nomination
Section 2. . A nominating committee consisting of the Officers and Council members
shall report a slate of proposed Council members and Officers to this Section at each
annual meeting at which a vacancy is to be filled. In addition, nominations from the floor
will be accepted.
Election
ARTICLE V . All elections shall be by written ballot unless otherwise ordered by
resolution duly adopted by this Section at the Annual Meeting at which the election is
held. The Vice President – Consumer Bankruptcy shall be elected by the majority of the
members in attendance at the meeting of the Consumer Bankruptcy Committee held
during the Annual Meeting of the Section. The Vice President – Business Bankruptcy
shall be elected by the majority of the members in attendance at the meeting of the
Business Bankruptcy Committee held during the Annual Meeting of the Section. All
other Officers (except Chair) and members of the Council shall be elected by the majority
of the members of the Section held in attendance at the Annual Meeting of the Section.
DUTIES OF OFFICERS
Section 1. Chair
Section 2. . The Chair shall preside at all meetings of this Section and of the Council. The
Chair shall formulate and present at each Annual Meeting of the State Bar of Texas a
report of the work of this Section for the then past year. The Chair shall perform such
other duties and acts as usually pertain to such office.
Vice-Chair
Section 3. . The Vice-Chair shall perform, on behalf of this Section, such duties as the
Chair may assign. The Vice-Chair shall automatically become Chair at the end of the
term of a Chair. Upon the death, resignation, or during the disability of the Chair or upon
any absence or refusal to act, the Vice-Chair shall perform the duties of the Chair.
Vice President – Consumer Bankruptcy
Section 4. . The Vice President – Consumer Bankruptcy shall preside at all meetings of
the Consumer Bankruptcy Committee and shall otherwise perform such duties as
delegated by the Chair.
Vice President – Business Bankruptcy
Section 5. . The Vice President – Business Bankruptcy shall preside at all meetings of the
Business Bankruptcy Committee and shall otherwise perform such duties as delegated by
the Chair.
Vice President – Publications and Communications. The Vice President – Publications
and Communications shall supervise the publications and communications activities of
the Section and other similar activities and shall otherwise perform such duties as
delegated by the Chair.
Section 6. Vice President – Public Education
Section 7. . The Vice President – Public Education shall supervise the Section’s
educational activities directed to the non-legal public, including, without limitation,
consumers and shall otherwise perform such duties as delegated by the Chair.
Vice President – Professional Education
Section 8. . The Vice President – Professional Education shall supervise the Section’s
educational activities directed to attorneys and shall otherwise perform such duties as
delegated by the Chair.
Vice President – Law School Relations
Section 9. . The Vice President – Law School Relations shall supervise the Section’s
activities directed to law schools and law students and shall otherwise perform such
duties as delegated by the Chair.
Vice President – Membership.
Section 10. The Vice President – Membership shall supervise the Section’s activities for
the solicitation of new members and the retention of existing members and shall
otherwise perform such duties as delegated by the Chair.
Secretary
Section 11. . The Secretary shall be custodian of the minutes, reports and records of this
Section. The Secretary shall keep a correct record of the proceedings of all meetings of
this Section and of the Council. With the Chair, the Secretary shall prepare a summary or
digest of the proceedings of this Section at its Annual Meeting and shall submit the same
to the Board of Directors of the State Bar of Texas for publication in the annual report. In
conjunction with the Chair, as authorized by the Council, the Secretary shall attend
generally to the business of this Section.
Treasurer
Section 12. . The Treasurer shall be responsible for the funds and accounts of this
Section. The Treasurer shall: (i) keep an accurate account of all monies of this Section,
(ii) pay all bills, and (iii) take such other action with respect to the finances of this
Section as the Council may direct. In performing such duties, the Treasurer shall comply
with the provisions of Section 2 of Article VI of these ByLaws.
Historian
ARTICLE VI . The Historian, to be appointed annually by the Chair, shall be responsible
for developing and maintaining the history of the Section, and shall, on an annual basis,
provide the Council with a written account as well as such other activities as the Chair
may deem appropriate.
DUTIES AND POWERS OF THE COUNCIL
Section 1. Jurisdiction. The Council shall have general supervision and control of the
affairs of this Section subject to the provisions of the Constitution and ByLaws of the
State Bar of Texas and the further provisions of these ByLaws. The Council shall
specifically authorize the expenditure of any monies appropriate for the use or benefit of
this Section. It shall not, however, authorize commitments to contracts which shall entail
the payment of any money during any fiscal year unless the funds shall have been
previously appropriated to this Section for that fiscal year by the Board of Directors of
the State Bar of Texas or funds are otherwise available nor shall the Section authorize
reimbursement of seminar expenses to speakers from firms with five (5) or more fulltime
employees who would be eligible to be members of the Section.
Section 2. Finances
Section 3. . This Section is authorized to determine the amount of annual membership
dues (subject to approval by the Board of Directors of the State Bar of Texas), collect
annual membership dues and govern expenditures of any income. This Section shall
submit to the Executive Director of the State Bar of Texas 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. Funds of this Section may 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 of Texas Board of Directors Policy Manual. This 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 the above-mentioned State
Bar of Texas Investment Policy. In the event this Section selects an alternative
depository, it shall instruct the depository to provide directly to the State Bar of Texas a
duplicate of the bank statements, canceled checks, and deposit slips. Any expense
incurred in providing duplicates to the State Bar of Texas shall be borne by this Section.
This Section may request the accounting department of the State Bar of Texas to prepare
a monthly and year-to-date Section financial report. This Section may opt to have the
State Bar of Texas 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 of Texas for a per capita fee per member not to
exceed $1.00.
Committees
Section 4. . There shall be Business Bankruptcy and Consumer Bankruptcy Committees.
The Council may authorize the Chair to appoint additional 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 the Constitution and ByLaws of the State
Bar of Texas.
Vacancies
Section 5. . The Council may fill vacancies in its own membership. Members of the
Council so selected shall serve until the expiration of the term which vacancy is filled.
Required Vote
Section 6. . Unless otherwise expressly provided for in these ByLaws, all binding action
of the Council shall be by a majority vote of the whole Council.
Manner of Voting
Section 7. . Members of the Council may vote in person, telephonically, via electronic
mail or via videoconference.
Notice of Required Vote
Section 8. . The Chair may, and upon the request of any member of the Council shall,
submit or cause to be submitted in writing to each member 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 so submitted by communicating their vote
thereon in writing over their respective signatures to the Secretary who shall record upon
the Minutes each proposition so submitted, when, how, at whose request submitted, and
the vote of each member of the Council thereon, and keep on file such written and signed
votes.
Contracts. The Council may authorize any officer or officers, agent or agents of the
Section in addition to the officers so authorized by these ByLaws, to enter into any
contract or execute and deliver any instrument in the name of and on behalf of the
Section, and such authority may be general or confined to specific instances.
Section 9. Checks, Drafts, Etc
ARTICLE VII . All checks, drafts or orders for the payment of money issued in the name
of the Section shall be signed by such Officer or Officers, agent or agents of the Section
and in such manner as shall from time to time be determined by the Council. In the
absence of such determination by the Council, such instruments shall be signed by the
Chair, the Treasurer and countersigned by any Officer of the Council.
MEETINGS
Section 1. Annual Meeting
Section 2. . The Annual Meeting of this Section may be held during the Annual Meeting
of the State Bar of Texas, in the same city, and at such time and place as may be fixed by
the Board of Directors of the State Bar of Texas, or, alternatively, at such time and place
as determined by the Council, taking into consideration the convenience of the members
of the Section. The program and order of business to be conducted at the Annual Meeting
shall be arranged by the Council.
Special Meetings
Section 3. . Special meetings of this Section may be called by the Chair upon approval of
the Council, at such time and place as the Council may determine.
Quorum
Section 4. . The members of this Section present at any meeting shall constitute a quorum
for the transaction of business and all binding action of this Section shall be by a majority
vote of the members present. Unless otherwise provided by the Council or these ByLaws,
a majority of any committee’s members present shall constitute a quorum, and the act of
a majority of any committee’s members present at a meeting at which a quorum is
present shall be the act of the committee.
Meeting Attendance
Section 5. . A member who attends a meeting by teleconference or video conference shall
be counted as present at such meeting.
Consumer Bankruptcy Committee
Section 6. . The Consumer Bankruptcy Committee shall meet at the Annual Meeting of
this Section and also in conjunction with the Advanced Consumer Bankruptcy Law
Conference sponsored by the State Bar of Texas or at such other time and place as the
Vice President-Consumer Bankruptcy, in consultation with the Chair, shall deem
appropriate.
Business Bankruptcy Committee. The Business Bankruptcy Committee shall meet at the
Annual Meeting of this Section and also in conjunction with the Advanced Business
Bankruptcy Law Conference sponsored by the State Bar of Texas or at such other time
and place as the Vice President-Business Bankruptcy, in consultation with the Chair,
shall deem appropriate.
ARTICLE VIII
GOVERNMENTAL AUTHORITY
Section 1. Section Action not Action of the State Bar of Texas
Section 2. . No action, policy determination, or recommendation of this Section or any
committee thereof shall be deemed to be, or be referred to as, the action of the State Bar
of Texas prior to submission of the same to, and approval by, the Board of Directors of
the State Bar of Texas, the General assembly of the State Bar of Texas in annual
convention, or duly-authorized referendum of the State Bar of Texas. Any resolution
adopted or action taken by this Section may on request of this Section be reported by the
Chair to the State Bar of Texas for action thereon.
Governmental Authority Process
Section 3. . This Section, through the process called “Governmental Authority”, may seek
the authority to present a position of the State Bar of Texas before a public, judicial,
executive or legislative body.
Required Council Action
Section 4. . A position of this Section with respect to which the Governmental Authority
process is desired shall be authorized by the Council only after written notice to all
members of the Council of the proposed position to be adopted and the date at which the
position will be considered by the Council. The proposed position must be adopted by a
three-fourths (3/4) vote of the Council.
Compliance with Governmental Authority Handbook
ARTICLE IX . If a proposed position is adopted by the Council as provided in Section 3
immediately preceding, thereafter all requirements and procedures set forth in the
Governmental Authority Handbook dated January 30, 1981, as amended from time to
time, with respect to application, notice, circulation, clearance, objections, disclaimer,
presentation, filing and all other matters shall be strictly followed.
MISCELLANEOUS PROVISIONS
Section 1. Approval by the State Bar of Texas
Section 2. . Any action by this Section must be approved by the State Bar of Texas before
it becomes effective as action of the State Bar. Any resolution adopted or action taken by
this Section may, on request of the Section, be reported by the Chair of this Section to the
Annual Meeting of the State Bar of Texas for action thereon by the State Bar of Texas.
Effectiveness
Section 3. . These ByLaws shall become effective upon approval thereof by the Board of
Directors of the State Bar of Texas, and upon adoption by this Section.
Printing. Unless the Council determines it is prudent to proceed otherwise, all printing for
this Section or for any committee of this Section shall be done under the supervision of
the headquarters office of the State Bar of Texas.
Section 4. Electronically Communicated Notices
Section 5. . E-mail, facsimile and other electronic communication shall constitute notice
for all purposes of these ByLaws.
Cooperation with Other Sections
ARTICLE X . In order to facilitate cooperation and communications with other Sections
of the State Bar of Texas, the Council may appoint an ex officio member to or a liaison
with any Section of the State Bar of Texas.
AMENDMENTS
These ByLaws may be amended by a two-thirds (2/3) vote of the Council of the Section
and provided, further, that no amendment so adopted shall become effective until it has
been approved by a majority of the members of the Board of Directors of the State Bar of
Texas.
These Bylaws were approved by the State Bar Board of Directors on September 21, 2012.

 

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