Texas Society of Professional Surveyors
Constitution
PREAMBLE
Recognizing that the ancient profession of land surveying is now, more than ever, a vital social and economic influence in the state, the Texas Society of Professional Surveyors does hereby dedicate itself to the advancement of the surveying profession so as to serve both the public interest and the interests of its members.
ARTICLE I
OBJECTIVES
The Texas Society of Professional Surveyors shall be a non-profit organization, incorporated under the laws of Texas ; to aid and contribute to the education of its members and the general public in attaining high surveying standards, both technical and ethical; and to provide a central headquarters and a closer association of its members.
ARTICLE II
DEFINITIONS
In this Constitution, unless the context or subject matter otherwise requires, the following apply:
"Officers" shall mean the President, President-Elect, First Vice President, Second Vice President and Secretary-Treasurer of the Texas Society of Professional Surveyors.
"Past President" shall mean the Immediate Past President of the Society following completion of the office of President. The Immediate Past President shall be an Officer member of the Board of Directors, as provided for in Article V, Section 3, Item A of the Constitution.
"Office" shall mean the elected position of an officer or director.
"Board" or "Board of Directors" means the Board of Directors and the Officers of the Texas Society of Professional Surveyors;
"Director-at-Large" shall mean those Directors duly nominated and elected by the membership at large of the Texas Society of Professional Surveyors;
"Director-Representative" shall mean those Directors duly elected by recognized and active individual chapters of the Texas Society of Professional Surveyors;
"Director," when used without qualification, shall mean all Directors-at-Large and Director-Representatives of the Texas Society of Professional Surveyors;
"Registered" or "Registered Surveyor" means any person who is registered under the Land Surveying Practices Act of 1979 (V.T.C.S. Article 5282c),as amended in 1989, to the Professional Land Surveying Practices Act, and all amendments thereto;
"Executive Committee" means the Executive Committee of the Texas Society of Professional Surveyors, as provided in Article V of the Constitution;
"Member" and "Membership" designate individually and collectively those persons of all classes of membership who have heretofore joined, or who hereafter join, the Texas Society of Professional Surveyors and remain in good standing;
"Member in good standing" means currently meeting all dues and activity requirements for the class of membership named;
"Local Chapter" designates a group of Texas Society of Professional Surveyors members residing and operating under a Charter from the Society, with the same objectives at the local level as the State organization has statewide;
"Student Chapter" designates a group of students of a school of higher education and being members of the Texas Society of Professional Surveyors and operating under a Student Chapter Charter from the Texas Society of Professional Surveyors with the same objectives at the Student Chapter level as the State organization has.
ARTICLE III
NAME AND LOCATION
Section 1. The name of this organization shall be the "Texas Society of Professional Surveyors."
Section 2. The headquarters shall be located in the City of Austin, Texas, and the place of meeting shall be selected by the Board of Directors.
Section 3. The seal of the Society, upon which shall be inscribed the words "TEXAS SOCIETY OF PROFESSIONAL SURVEYORS" and in the center of which seal shall appear a five pointed star, all in such design and decoration as shall be determined by the Board of Directors, is hereby adopted as the official seal.
ARTICLE IV
MEMBERSHIP
Section 1. Any person of good character who qualifies under one of the classes of membership set out below and whose application has been approved by the Executive Committee is eligible for membership. There shall be seven classes of membership, namely: Registered member, associate member, affiliate member, student member, life member, honorary member and sustaining member.
The classes of membership are defined as follows:
A. Registered Member - Any person who is registered under the Land Surveying Practices Act of 1979 (Article 5282c, V.T.C.S.), as amended in 1989, to the Professional Land Surveying Practices Act, and all amendments thereto. Registered members shall be entitled to vote and to hold any office in the Society.
B. Surveyor Intern Member - Any person holding a valid certificate as a Surveyor Intern under Section 15(e) of the Land Surveying Practices Act of 1979 (Article 5282C, V.T.C.S.), as amended in 1989, to the Professional Land Surveying Practices Act, and all amendments thereto. Surveyor Intern members shall be eligible to vote but not to hold any office in the State Society or be President of a local chapter. Surveyor Intern members shall be entitled to all publications received by registered members, including but not limited to, the TSPS Manual of Practice for Land Surveying in Texas .
Associate Member - Any graduate of a school of higher education (college level) recognized by the Board who expresses the intention of becoming a surveyor and who has not become certified as a Surveyor Intern under V.T.C.S. Article 5282c, as amended in 1989, to the Professional Land Surveying Practices Act, and all amendments thereto, and any person who has been engaged in surveying for a minimum of four years or who has two years of surveying experience and has completed at least two years in a school of higher education recognized by the Board. Associate members must become registered members after eight years cumulative membership or be classified as affiliate members of the Society. Associate members shall be eligible to vote but not to hold any office in the State Society or be President of a local chapter.
C. Affiliate Member - Any person not registered under V.T.C.S. Article 5282c, as amended in 1989, to the Professional Land Surveying Practices Act, and all amendments thereto, who is interested in advancing the aims of the Society. Affiliate members shall not be eligible to vote or hold any office in the State Society or in a local chapter except the office of Secretary-Treasurer.
D. Student Member - Any student of a school of higher education recognized by the Board who is interested in surveying. Student members shall not be eligible to vote or hold any office in the Society or in the local chapters. Student members shall be eligible to vote and hold office in student chapters.
E. Life Member – A moratorium is placed upon this classification. No new memberships in this classification will be issued until such moratorium is removed. A registered member, who is at least 65 years of age and has had at least 20 years cumulative membership in the Society subsequent to October 1948. Also any member who has served honorably as President of the Society, upon completion of his/her term in office. Life membership shall be vested upon request when any such member is so qualified. Annual dues of such member are suspended beginning with the fiscal year first following such member's qualification. Life members continue to hold the same rights and prerogatives to which they were entitled before attaining life membership.
F. Retired/Inactive member-A person who is no longer regularly engaged in the practice of surveying, has placed Registered Professional Land Surveyor's license on inactive status with Texas Board of Professional Land Surveying, has a minimum of 10 years cumulative membership in Texas Society of Professional Surveyors, and is at least 65 years of age. The dues for a Retired/Inactive Member will be one-half of the dues of a Registered Member.
G. Honorary Member - Any person whose professional attainments in surveying or in subjects closely associated with surveying have given this individual a broadly acknowledged eminence, and any person who has rendered special service to the Society, its aims and objectives. Honorary members shall be elected by a majority vote of the Board of Directors and said member is elected for life or until revoked by the Board for just and sufficient cause. No dues or assessments are required from honorary members. Honorary members shall not be eligible to vote or to hold any office in the Society or in a local chapter thereof.
H. Sustaining Members - Sustaining membership shall be limited to companies interested in the advancement of the surveying profession in the State of Texas and the advancement of the aims of the Texas Society of Professional Surveyors. Dues for sustaining membership shall be initially set by the Board of Directors of the Texas Society of Professional Surveyors and after initially being set shall be revised according to Article VI of the Bylaws. This category of membership shall not be eligible to vote or hold office. Sustaining members shall be entitled to:
1. First choice of exhibit space at the annual convention.
2. Receipt of all newsletters, magazines and directory.
3. A discount on advertising in The Texas Surveyor or a series of free business card ads.
4. Listing in annual directory.
Section 2. All associate members, surveyor intern members, affiliate members and student members who become registered under V.T.C.S. Article 5282c, as amended in 1989, to the Professional Land Surveying Practices Act, and all amendments thereto, shall automatically become registered members.
Section 3. Any member of TSPS may be expelled or suspended from the Society as provided in Article X.
ARTICLE V
OFFICERS AND BOARD
Section 1. The officers of the Society shall consist of a President, President-Elect, First Vice President, Second Vice President and Secretary-Treasurer.
Section 2. A member must have had at least two years service as an officer and/or a director to be eligible for the office of President-Elect. The President-Elect shall automatically succeed to the office of President upon expiration of the President's term of office, or whenever said office shall become vacant by reason of death, incapacity, resignation or removal from office of the President and serve the time remaining in the President's term before beginning his own term as President.
Section 3. The affairs of the Society shall be governed by a Board of Directors composed of the following:
A. The immediate Past President of the Society.
B. The Officers of the Society as specified in Section 1 above.
C. Twelve elected Directors-at-Large as prescribed below in Article VII, Section 2 of this Constitution.
D. One Director-Representative each from any duly recognized and active Chapter during the year in which such Chapter does not have at least one of its members serving on the Board under the terms of paragraphs A, B, C immediately above, and as specified in Article VII, Section 3 of this Constitution.
Section 4. There shall be an Executive Committee composed of the President, the Immediate Past President, the President-Elect, the First Vice President, the Second Vice President, the Secretary-Treasurer and one member appointed by the President. The President may invite additional persons to serve on this committee in an ad hoc capacity. This committee shall assist and advise the President in handling the affairs of the Society between meetings of the Board of Directors. All official acts of the Executive Committee shall be reported to the next regular meeting of the Board of Directors.
Section 5. The duties of the officers and the Board of Directors shall be in accordance with the Bylaws.
ARTICLE VI
COMMITTEES
Section 1. Such standing committees as may be required shall be appointed to assist the Board of Directors in handling the affairs of the Society. All standing Committees, except the Nominating Committee, shall be appointed by the President. The Nominating Committee shall consist of the Immediate Past President of the Texas Society of Professional Surveyors, the Immediate Past Nominating Committee Chairman, a Director beginning the second year of a three year term who shall be elected from a slate consisting of such second year Directors by receiving a majority of votes of the membership present at the annual meeting, and four additional members who shall be nominated from the floor and elected by a majority of the membership present at the Annual Meeting of the Society. Provided, however, that the Immediate Past Nominating Committee Chairman may not serve consecutive years in that capacity. The duties of all committees shall be in accordance with this Constitution where specified therein, and where not so specified, shall be in accordance with the Bylaws.
Section 2. The President may at any time appoint special committees for such purposes as the President may deem fit.
Section 3. The terms of all committees shall expire at the close of the Annual Meeting following their appointment or election, unless reappointed by the President.
ARTICLE VII
ELECTION OF OFFICERS AND DIRECTORS
All officers and directors shall be elected for the term of office and in the manner as provided in this Article.
Section 1. All officers, except that of President, shall be elected annually and shall hold office for one year, or until their successors shall have been elected and qualified. The office of President shall be filled by the person who served as President-Elect during the previous year.
Section 2. Four Directors-at-Large shall be elected each year for a term of three years.
Section 3. In case of vacancies, officers and Directors-at-Large shall be appointed by the Board of Directors to fill the unexpired term of officers and Director-at-Large without prejudice to the position of any Director-Representative then serving on said Board of Directors. Such appointment may also be made without consideration for any Chapter whose representation may be affected by such vacancy.
Section 4. The Nominating Committee shall nominate one or more candidates for each office to be filled on the Board of Directors except for the President. Members of the Nomination Committee are ineligible for nomination. Nominations may also be made by petition. Each such petition shall be signed by not less than ten (10) members who are eligible to vote and whose dues are currently paid. Said petition, excluding any members on the Nominating Committee, shall be submitted to the Secretary-Treasurer not later than seventy (70) days before the Annual Meeting. The Secretary-Treasurer shall certify that the petition meets the foregoing qualifications and the Secretary-Treasurer shall immediately transmit any valid petition to the chairman of the Nominating Committee. The names of all nominees of the Nominating Committee and the names of all those nominated by the petition shall be submitted to the Secretary-Treasurer by the Nominating Committee not later than sixty (60) days before the Annual Meeting. Not later than 21 days prior to the Annual Meeting the Secretary-Treasurer shall mail a ballot containing all nominees for each office to all members of the Society eligible to vote. All ballots to be valid must be returned to the Secretary-Treasurer by 4 p.m. seven (7) days before the Annual Meeting. The Secretary-Treasurer shall certify the eligibility of the voting members and shall transmit all valid ballots to the Tellers Committee appointed by the President to tabulate the votes. The Tellers Committee shall certify the results of the vote to the membership of the Society at the Annual Meeting. Upon certification of the result of the vote of the membership, and upon being duly installed in office, the new President shall immediately determine those duly recognized and active Chapters of the Society which do not have any member of the newly constituted Board of Directors. Within one week from the date of his installation, the new President shall notify such Chapters of their eligibility to elect one Director-Representative to serve for a period of one year or until the next election of Officers and Directors by the Society, whichever shall be the lesser period of time.
The election of a Director-Representative shall be conducted by eligible Chapters within a period of 45 days from the date of notification of such eligibility. Within the prescribed 45 day period of time, the result of such election shall be duly certified to the President of the Texas Society of Professional Surveyors by the President and Secretary-Treasurer of the eligible Chapter. Failure to comply shall remove such Chapter for eligibility for such election until the following year.
Section 5. In the event an election ends in a tie, the Board of Directors shall vote to break the tie. A majority vote of the Board shall determine the outcome of the election.
Section 6. The new officers and Directors-at-Large shall be installed at the Annual Meeting and shall take office immediately upon the close of said meeting.
Section 7. Director-Representatives shall be installed in office by the President of the Texas Society of Professional Surveyors at the first meeting of the Board of Directors following the chapter election of such Director-Representatives.
Section 8. Any officer or Director may be removed from office for neglect of duty, inefficiency or malfeasance. A two-thirds vote of the Board of Directors after a full hearing before the Board is necessary for such removal.
ARTICLE VIII
MEETINGS
Section 1. There shall be a meeting of the membership between September 1 and December 1 of each year which shall be designated as the Annual Meeting and shall be held at a location and on a date or dates selected and accepted by the Board of Directors. Additional meetings of the membership may be held each year as provided in the Bylaws.
ARTICLE IX
CODES
Section 1. The "Policy and Procedure," the "Canons of Ethics" and "Rules of Professional Conduct" as adopted by the Board of Directors and any amendments thereto shall be binding on all chapters and members. Amendments to these policies and codes shall follow the same procedure as provided in the article for amendments to the Bylaws.
ARTICLE X
DISCIPLINE OF MEMBERS
Section 1. It shall be the duty of every member and of every chapter of the Texas Society of Professional Surveyors to bring to the attention of the proper authority as defined in Section 2, every case of alleged professional misconduct of which the member is cognizant, and be willing to offer testimony and/or documentary evidence in support of such case.
Section 2. Depending on where complaints or charges against members are lodged, authority to discipline members is vested in the Chapter membership and/or the Board of Directors of the State Society. In the event a Chapter has received a complaint or charge against a member, the Board of Directors of the State Society will assume that disciplinary authority, when, by three-fourths majority decision, the Board of Directors determine that a Chapter has refused to discharge its proper functions and responsibilities as regards the specific case; or if the Chapter requests specifically in writing that the State Society assume jurisdiction.
Section 3. For the purpose of administration of this authority, each chapter shall have an Ethics Committee as hereinafter set forth. The Ethics Committee of the State Society will assume like functions at State level subject to the restrictions imposed by this Article, Sections 2, 11 and 12, and such instructions as may be given by the Board of Directors of the State Society.
Section 4. A Chapter Ethics Committee shall consist of three, five or seven registered members in good standing who, except as noted above, shall be residents of the chapter area. The term of office and method of their appointment shall be determined by the chapter membership. Each committee so organized shall have a chairman, vice chairman and secretary. A majority of the committee shall constitute a quorum for all purposes.
Section 5. If a matter shall arise before a committee where the committee considers one or more of the members disqualified to act, such member or members shall be excluded from further participation therein. If required, the President of the State Society or the chapter shall make temporary appointments or request, to be effective only for considering the matter in question.
Section 6. Professional misconduct shall include violation of Canons of Ethics and Rule of Professional Conduct, malpractice, unethical conduct, or any fraudulent or dishonorable conduct, whether or not connected with the practice of surveying, regardless of whether or not such act or acts may constitute an offense under the Penal Code of this State.
Section 7. Complaints of professional misconduct may be filed either with the State organization or an appropriate Local Chapter, and referred to the Ethics Committee. Each complaint must be in writing, giving the facts of the matter, and in detail all the charges against the accused. The complaint shall be signed by no less than three persons. The Committee may require a sworn statement setting forth the matter complained of as a condition to taking further action.
Section 8. The Committee shall make such investigation of each complaint as it may deem necessary preliminary to taking action as set forth under Section 10. In conducting a hearing as a part of any investigation, the Committee may require testimony to be given under oath or affirmation. The name of the accused member and the proceedings shall be kept private so far as is consistent with the development of the facts. Where the complaint appears to be of such nature as will not call for disciplinary action and can be dismissed without the necessity of hearing the accused surveyor, the Committee need not notify the accused of the filing of the complaint.
Section 9. In any investigation or hearing before the Ethics Committee, it may require the attendance of witnesses and the production of documentary or other evidence by issuing notices to witnesses, requesting them to appear and testify or to produce said documentary or other evidence. Such request shall be issued at the request of the Committee or the accused member, but in the latter case, without any time and place the member is requesting to appear. If documentary or other evidence is required, the notice shall so state giving a brief description of such evidence. Such request shall be served on the witness personally or by registered mail.
Section 10. At the conclusion of its investigation, the Committee shall take action on the complaint in one of the following ways:
A. If the committee shall be of the opinion that no disciplinary action is warranted, it shall dismiss the complaint and notify the complainants, and the accused member also, if the accused member shall have had notice of the complaint.
B. If, in a case where the accused has had notice of the complaint and an opportunity to be heard, the Committee shall decide by majority vote of the quorum present that the accused should be reprimanded, the reprimand being reduced to writing and transmitted to the Board of Directors for its approval and further handling. At its discretion, the Board of Directors may require the accused to appear before it for the delivery of the reprimand or it may send a copy thereof to the accused by registered mail. In the event that a Director or officer of the Board of Directors is one of the members signing such a complaint, or is the complained-against member , or is so associated with the matter to make it difficult to remain unbiased, the Board member shall disqualify himself/herself as a Director during the action of the Board upon that complaint. The Board shall determine what publicity, if any, shall be given the reprimand. No publicity shall be released until the expiration of the time for appeal as hereafter provided.
If the accused shall deem the reprimand unwarranted, the accused may, within thirty (30) days after mailing delivery thereof, file an appeal with the Secretary of the Texas Society of Professional Surveyors requesting a hearing by the Board of Directors of that Society to set same aside, failing which, the reprimand shall become final.
C. If the Committee shall be of the unanimous opinion that the accused should be expelled or suspended from membership in the Texas Society of Professional Surveyors for a period not to exceed one year, it shall reduce its recommendation to writing and submit same to the Board of Directors for its approval and action or disapproval as the case may be. The sole authority for expulsion or suspension of members shall be vested in the Board of Directors of the State Society and shall require a two-thirds vote of the entire membership of the Board of Directors.
D. If the Committee shall decide by unanimous vote that the offense is of such a nature that the certificate of registration of the accused should be suspended or revoked, it shall make such recommendation in writing to the Board of Directors for its approval and further handling. If the case is being handled by a local chapter, the complete file shall be forwarded to the Board of Directors of the State Society's Ethics Committee. The State Society's Ethics Committee, if it deems necessary, or if instructed by the Board of Directors of the State Society, by two-thirds vote of its total membership, agrees with the recommendations of the local chapter, it shall refer the matter to the Texas Board of Land Surveying, which Board has the sole authority under the law to revoke registration.
Section 11. The dismissal of a complaint by the Ethics Committee shall be accepted as final action on the matter complained of and shall not be subject to review or reversal by any authority within the Society unless newly discovered evidence justifies reopening the case.
Section 12. In all hearings conducted under the provisions of this article, the accused shall have a right to be heard in the accused's own defense and to be represented by counsel who may be other members of the Society or a licensed attorney who shall be authorized to speak for the accused. In all such hearings, the accused or the accused's counsel shall have the right to interrogate witnesses and offer such testimony as may be proper in the accused's defense. If requested by the accused, a record of the proceedings shall be made by the most appropriate means, the cost of which is to be borne by the accused. This record will be made available to the accused immediately after the transcription. In the absence of such a request, written minutes of the proceedings of the Ethics Committee shall be kept by the Secretary of the Committee.
Section 13. All matters connected with the discipline of non-members of the Texas Society of Professional Surveyors shall be handled in a matter as may be decided by the Board of Directors of the State Society.
ARTICLE XI
BYLAWS
Section 1. The Board of Directors may adopt such Bylaws not in conflict with the Constitution as it may deem necessary for the proper government of the Society. The Board of Directors may amend the Bylaws at any regular meeting by an affirmative vote of two-thirds of the entire Board of Directors. No amendment to the Bylaws shall be voted on by the Board of Directors unless the proposed amendment has been furnished in writing to all members of the Board of Directors at least two weeks prior to such regular meeting at which the proposal is to be considered.
ARTICLE XII
LOCAL CHAPTERS AND STUDENT CHAPTERS
Section 1. The Board of Directors shall have the authority, at its discretion, to issue charters for local chapters and student chapters. The Board of Directors shall have the authority to make rules and regulations for chartering, fixing chapter boundaries, and combining or dissolving chapters.
Section 2. Each chapter chartered by the Texas Society of Professional Surveyors shall adopt such Constitution and Bylaws for its operation as it may deem proper provided, however, that nothing contained therein shall conflict with or contravene Constitution and Bylaws of the Texas Society of Professional Surveyors Chapter Constitution, Bylaws, etc. or any amendments thereto and shall not become effective until approved by the Board of Directors.
Section 3. Local chapters shall constitute the "grass roots" representative of the Society and, within the limits defined above, be entitled to all its rights and ideals and ethics and are conducive to public welfare. Such activities shall be restricted to the boundaries fixed for such chapter, except as the Board of Directors may authorize to the contrary. Local chapters shall not have any voting privileges in the affairs of the Society except that their individual members are entitled to vote insofar as they meet the qualifications as provided in Article 4. The vote of a Director-Representative shall not be considered or construed as a mandate vote of a local chapter in Board meetings.
Section 4. Student chapters shall be subordinate to the Society in all aspects.
Section 5. All applications to form local and student chapters shall be submitted to the Secretary-Treasurer of the Society for approval of the Board of Directors, who shall issue a charter to the chapter as evidence of approval. All charters of local and student chapters may be revoked at any time by two-thirds vote of the entire Board of Directors.
Section 6. Any member of the Society may belong to a local chapter and any student may belong to student chapter.
ARTICLE XIII
AMENDMENTS
Section 1. The Constitution can be amended only by letter ballot. All proposed amendments must originate either (A) by a majority vote of the entire Board of Directors, or (B) by a petition to the Board of Directors which has been signed by at least 50 voting members in good standing. The Secretary-Treasurer shall mail ballots containing the proposed amendments to all voting members of the Society, and all ballots to be valid must be returned to the Secretary-Treasurer within thirty (30) days from the date the ballots were mailed to the membership. A two-thirds affirmative vote of the membership voting shall be required to amend this Constitution or any part thereof.
ARTICLE XIV
NATIONAL AFFILIATION
This society may become affiliated with any national association or organization having similar aims and objectives upon approval of the Board of Directors, such approval to be confirmed by a majority vote of the membership at the next annual meeting, provided thirty (30) days written notice of the proposal has been given to the membership. Likewise, this Society may sever its affiliation in a like manner.
TEXAS SOCIETY OF PROFESSIONAL SURVEYORS
Bylaws
ARTICLE I
FISCAL YEAR
Section 1. The Fiscal Year of the Texas Society of Professional Surveyors shall be coincident with the regular calendar year, from January 1 to December 31.
ARTICLE II
OFFICERS
Section 1. President - It shall be the duty of the President to preside at all meetings of the Society and of the Board of Directors. The President shall be an ex-officio member of all committees except the Nominating Committee, which shall be elected as provided in Article IV, Section 10 of these Bylaws; the President shall appoint the chairmen and all members of all committees, unless the Board of Directors shall otherwise direct. The President shall delegate members to represent the Society. The President shall, subject to approval of a majority of the Board of Directors, have general direction of the business of the Society. This aforesaid general direction of business shall include (subject to a two-thirds majority approval by the Board) the authority to engage the services of a(n) Executive Director or management consultant to carry out the directives and mandates of the Officers and the Board. Such employment, however, shall be subject to termination on a ninety-day written notice by the Texas Society of Professional Surveyors Board of Directors or the person or firm engaged, and any contract entered into by the Texas Society of Professional Surveyors shall so state. The Board of Directors may require that said Executive Director or management consultant be bonded; if so the Society shall pay the fee.
Section 2. President-Elect and Vice President - In the absence of or in case of the inability of the President to act, or at the request of the President, it shall be the duty of the President-Elect or other officers in order of precedence to perform all the duties of the President.
Section 3. Secretary-Treasurer - The Secretary-Treasurer shall keep an accurate record of all proceedings of the Society and shall have custody of all official papers and records. The Secretary-Treasurer shall read the minutes of the previous meeting. The Secretary-Treasurer shall notify the membership of the Society of the various meetings as well as the slate of nominees for office. The Secretary-Treasurer shall keep in a separate book a copy of the Constitution and Bylaws, Policies and Procedures and Canons of Ethics and Rules of Professional Conduct, entering all amendments as they are adopted from time to time, giving date of adoption for reference in order to keep this official Constitution and Bylaws, Policies and Procedures and Canons of Ethics and Rules of Professional Conduct up to date. The Secretary-Treasurer shall notify officers, directors, committees and delegates of their election or appointment and furnish committees with all the papers referred to them. The Secretary-Treasurer shall keep a register of members available. The Secretary-Treasurer shall act as Secretary for the Board of Directors. The Secretary-Treasurer shall conduct the correspondence of the Society and shall read all letters at the Society meetings
Section 4. The Secretary-Treasurer shall also keep an accurate record of all monies of the Society which shall be deposited in a bank to be designated by the Board of Directors. The Secretary-Treasurer shall render all bills and shall submit a report when requested within fifteen (15) days of the monies received and disbursed since the previous report. The Secretary-Treasurer shall pay all bills by check when so ordered by the Board of Directors. At the Annual Meeting, the Secretary-Treasurer shall submit a written report covering the activities of his office, including a complete financial statement of all collections and disbursements and a statement of the membership dues. All these records and monies shall be turned over to the successor, and the outgoing secretary/treasurer shall receive a receipt therefore. It shall be the duty of the Secretary-Treasurer to advise the President of violations of the Constitution and Bylaws. The Board of Directors may at their discretion require the Secretary-Treasurer to be bonded and shall fix the amount of the bond. The fee for the bond shall be paid out of the funds of the Society. With the approval of the Board of Directors, the duties and functions of the Secretary-Treasurer may be delegated totally or in part to the Executive Director or Management Consultant, if such is employed. When serving under this arrangement, the duties of the Secretary-Treasurer will be outlined at the beginning of the term of office by the Board of Directors.
ARTICLE III
BOARD OF DIRECTORS
Section 1. The Board of Directors shall have general supervision of all matters pertaining to the Society. The Board shall make all rules of procedure to be used in investigations and hearings. The Board shall act for the Society in case of unprofessional conduct. Whenever an emergency demanding immediate attention arises between regular meetings, it shall have the power to act for the Society. It shall attend to all matters which usually evolve upon a body of this kind. A meeting of the Board of Directors shall be at the call of the President or upon the written request of five of its members. A simple majority shall constitute a quorum at any Board of Directors meeting. The action of the Board of Directors shall be reported to the membership not later than the next annual meeting.
ARTICLE IV
COMMITTEES
Section 1. There shall be thirteen Standing Committees: Budget and Finance, Education, Convention, Ethics, Membership, Nominating, Public Relations, Registration Practices, Tellers, Governmental Affairs, Executive, Standards and Awards. These and all other committees, except Executive and Nominating committees, and the two members of the Awards Committee, shall be appointed by the President or Division Chairman if so directed by the President. These appointive committees shall be grouped into functional divisions, each division being chaired by an officer of the Society, appointed by the President. The individual committees will report to the Board of Directors through the chairman of the division to which the committee is assigned.
Section 2. General Functions and Duties of Committees - Each committee should:
a. Familiarize itself with, and keep abreast of, developments in its particular field of responsibility.
b. Develop and recommend Society policy and procedure with respect to its particular field of responsibility.
c. Interpret questions arising in connection with established policy and procedure.
d. Take such action as the Board of Directors may direct with respect to approved policy and procedure or in connection with specific studies and investigations requested by the President or the Board of Directors.
e. Make timely and appropriate recommendations to the Budget and Finance Committee as to funds needed to execute plans approved by the Board of Directors.
f. Advise and cooperate with other committees in carrying out related functions.
g. Make quarterly and annual progress reports to the President and the Board of Directors in writing, outlining the work done by the Committee up to that time and reporting upon all Chapter Communications and resolutions referred to it.
h. Cooperate with and advise Chapter Committees of similar functions in all their work.
Section 3. Specific Functions and Duties of Committees - Each Committee's field of responsibility is determined by its name and any specific charges from the President. A committee will assume responsibility for any matter properly referred to it though it might overlap another committee's field of responsibility. In such case, the responsible committee may ask the assistance of such other committee.
Section 4. Budget and Finance.
1. Study the financial structure of the Society.
2. Prepare and present to the Board of Directors for their approval, a budget for the control of the expenditure of money by the Society.
3. Review before each regular meeting of the Board of Directors the approved budget and the record of expenditures being made by the Society and call to the attention of the Board of Directors any expenditure in excess of those provided for in the budget.
4. Examine and audit the books of accounts of the Society when requested.
Section 5. Educational.
1. Prepare, schedule, and present seminars both CEU approved and non-approved.
2. Identify and recruit speakers for seminars.
3. Some or all of this committee’s functions may be delegated to the Education Director if there is one.
Section 6. Convention
1. Arrange for the time and location of social functions at convention.
2. Plan and arrange for exhibits to be shown at convention.
3. Contact exhibitors and arrange firm commitments for their appearance.
4. Establish a schedule of fees for exhibitors
5. Plan interesting and appropriate programs which will advance the objectives of the Society and will meet members needs for continuing education credits.
6. Contact and arrange for speakers for each phase of the program.
7. Arrange for equipment or apparatus required by the speakers.
8. Complete and submit forms for approval of Continuing Education Units as required by Texas Board of Professional Land Surveying.
9. Some or all of this committee's functions may be delegated to the Executive Director or Management Consultant if there is one.
Section 7. Ethics.
1. Make recommendations periodically for keeping up-to-date Canons of Ethics.
2. Prepare and periodically make recommendations for keeping up-to-date the Guide of Professional Conduct.
3. Interpret the Canons of Ethics and Rules of Professional Conduct. The Board of Directors may veto or change any interpretation of the Ethics Committee, provided however, such interpretations shall remain in full force and effect until vetoed or changed by the Board of Directors. All interpretations shall be in writing and copies shall be furnished to the President and the Secretary-Treasurer for the Board of Directors.
4. Encourage the acceptance and use of the latest Canons of Ethics and Rules of Professional Conduct by all members of the Society.
5. Receive and investigate complaints or instances of alleged violations of the Canons of Ethics or unprofessional conduct by members of the Society, assemble date, information and witnesses as appropriate, make recommendations to and if appropriate, advise the Board of Directors at a public or private deliberation of the matter.
Section 8. Membership.
1. Assist the Society and Chapters in development of membership campaign material.
2. Cooperate with and advise chapters and their membership committees on effective methods of securing new members and minimizing membership losses.
3. Develop and keep up-to-date a list of all registered surveyors and solicit the membership of those who are not TSPS members.
4. Develop and keep up-to-date a cross index by counties of all TSPS members and registered surveyors.
5. Solicit membership of all non-TSPS members who attend the Annual Convention..
6. Keep all chapters informed regarding TSPS members in their respective areas.
7. Cooperate with the Chapter Activities Committee in furnishing prospect lists for new Chapter areas.
Section 9. Nominating - The Nominating Committee shall consist of seven members as set forth in the Constitution. Immediately following the adjournment of the Annual Meeting, the Nominating Committee shall meet and select a Chairman. It shall nominate a slate of officers and directors, excluding any member of the Nominating Committee, for submission to the membership prior to the next Annual meeting as provided for in Article VII, Section 4, of the Constitution. In the event of the death of a committee member, or refusal of a committee member to perform, as few as five duly constituted members may perform as the committee. If, for the reasons cited above, the number of committee members falls below five before the work is completed, the appointments necessary to make a committee of five members may be made by the President of the Society, such appointments to be approved by a majority of the Board of Directors.
Section 10. Public Relations.
1. Represent the Society before the public, press, civic associations and other groups.
2. Conduct publicity campaigns through newspapers and other media to inform the public regarding surveying and to impress the public favorably on behalf of the Surveying Profession.
3. Inform the public on qualifications of Registered Professional Land Surveyor and the desirability of appointing Registered Professional Land Surveyors in appropriate positions to public bodies.
4. Campaign to secure due credit for Registered Professional Land Surveyors in connection with work performed by them, and proper recognition; for example, in published accounts, at dedicatory exercises and name plates or plaques.
5. Inform the public and surveyors as to the meaning and proper use of the terms "Registered Professional Land Surveyors" and "Licensed State Land Surveyor."
6. Arrange for any special awards recommended or approved by the Board of Directors such as citations, commendations and honors.
7. Work with chapters to develop program outlines with support materials.
8. Work with allied professional associations to improve understanding of professional roles and determine areas of cooperation.
Section 11. Registration Practices.
1. Represent the Society before the Texas Board of Professional Land Surveying.
2. Assist in the administration of the Professional Land Surveying Practices Act and assist in improving the administration of that law.
3. Handle any actions undertaken by the Society in connection with the Registration law.
4. Make studies relative to the protection of the rights and interests of the Registered Professional Land Surveyors, Licensed State Land Surveyors and of the public under the Registration Act.
5. Prepare originally and periodically make recommendations for keeping an up-to-date revision of a Guide on Policy and Procedure on Registration and, after approval of the Board of Directors, furnish it in final form to the Publication Committee for issuance to all members.
6. Make recommendations to the Board of Directors for improving the Professional Land Surveying Practices Act.
7. Encourage the registration of qualified land surveyors.
8. Assist aspirants seeking registration and cooperate with the Education Committee on matters of their education.
Section 12. Tellers.
1. Shall operate according to Article VII of the Constitution, particularly as set forth in Section 4 as a certifier of the results of the annual elections. Such certification shall be made as a report of the results of the annual election at the Annual Meeting.
2. Shall provide Chaplain services at Board of Directors Meetings, Annual Meetings and such other occasions where such services are appropriate.
3. Shall provide Parliamentarian services as required. In providing such services, the committee representative shall be familiar with "Robert's Rules of Order" to such extent as to be capable of promptly resolving any dispute in parliamentary procedure.
Section 13. Governmental Affairs.
1. Solicit from surveyors throughout the State and the Texas Board of Professional Land Surveying the need for potential legislation that can or may affect surveyors and the surveying profession.
2. When potential legislation is deemed desirable, it shall prepare or have prepared a draft of such legislation for approval by the Board of Directors. Approval by the membership shall be secured if so directed by the Board.
3. Secure Legislative Sponsors and witnesses to testify as required at Committee Hearings.
4. Provide and control publicity both within and without the Society.
Section 14. Executive - The Executive Committee, as specified in Article V, Section 4, of the Constitution, shall assist and advise the President in conducting the affairs of the Society between meetings of the Board of Directors. All official acts of the Executive Committee shall be reported, in writing if possible, to the next regular meeting of the Board of Directors.
Section 15. Standards.
1. Develop and submit to the Board of Directors and membership if appropriate, for approval, Standards and Specifications for Categories of Surveying.
2. Supervise the collection, publication and distribution for approved Standards.
3. Develop such other survey-related standards as the Board of Directors shall direct.
Section 16. Awards Committee - The Awards Committee shall be responsible for the solicitation and review of nominations for awards. The awards shall consist of the Hugh L. George Award, the Surveyor of the Year Award, the Young Surveyor of the Year Award, the Vern Wayne Hanan Memorial Community Action Award and any Special Awards such as citations, commendations or honors.
This committee shall be composed of three people. The Chairman will be appointed by the President. The other two members will be elected by the TSPS Board of Directors at the new officer and director installation meeting immediately after the closing or adjournment of the Annual Meeting.
Hugh L. George Award
This Award was originated in 1974. It is not mandatory that this award be given each year.
Qualifications
1. The award shall go to a person who is no longer regularly engaged in the practice of surveying. It shall be the responsibility of the Awards Committee to determine if the nominee is eligible for this award.
2. Must be a minimum of 60 years of age.
3. A person who, over the years, has made a continuing contribution to TSPS and to the surveying profession.
Nomination Procedure
1. The Awards Committee shall notify the Chapter Presidents and the TSPS Board of Directors during the month of the first quarterly TSPS Board meeting of the need to submit nominations.
2. Nominations must be received by the Awards Committee prior to the second quarterly TSPS Board of Directors meeting.
3. Nominations must be in writing, providing biographical data, work experience, contributions to the surveying profession (local, state and national) and civic contributions. These nominations may be made only by a voting member of TSPS or by a local chapter.
4. The Awards Committee shall submit all qualified nominations for consideration at the second quarterly TSPS Board of Directors meeting for board action at the third quarterly TSPS Board of Directors meeting.
Selection Procedure
1. Selection of the recipient of this award shall be by a simple majority vote of the TSPS Board of Directors at the third quarterly TSPS Board of Directors meeting. In the event three or more candidates are being voted on, the two candidates receiving the most votes will be voted on in a runoff election and a simple majority vote will determine the winner.
2. This award, if given, shall be presented at the Annual Convention.
Surveyor of the Year Award
This award was originated in 1965. It is not mandatory that this award be given each year.
Qualifications
1. Nominee shall be a Registered Professional Land Surveyor and/or a Licensed State Land Surveyor in the State of Texas .
2. Nominee shall be an active member in TSPS.
3. The nominee shall have exhibited outstanding service to TSPS and/or the surveying profession within a period of two years prior to the upcoming Annual Convention.
4. Nominee shall be recognized as a good and valuable citizen in the community in which the nominee resides.
Nomination Procedure
1. The Awards Committee shall correspond with the Chapter Presidents and TSPS Board of Directors during the month of the first quarterly TSPS Board of Directors meeting of the need to submit nominations.
2. Nominations must be received by the Awards Committee prior to the second quarterly TSPS Board of Directors meeting.
3. Nominations must be in writing, listing biographical data, work experience, specific merit as to why this nominee is worthy of the award, contributions to the surveying profession and civic contributions. These nominations may be made by a voting member of TSPS or by a local chapter.
Selection Procedure
1. The Awards Committee shall determine if the award should be given and if so, select a recipient from the nominees submitted.
2. This award, if given, shall be presented at the Annual Convention.
Young Surveyor of the Year Award
This award was originated in 1978. It is not mandatory that this award be given each year.
Qualifications
1. Nominee shall be a Registered Professional Land Surveyor and/or a Licensed State Land Surveyor in the State of Texas .
2. Nominee must be a member in good standing of TSPS and a member of a TSPS Chapter.
3. Nominee must be thirty-nine (39) years of age or younger.
Nomination Procedure
1. The Awards Committee shall correspond with the Chapter Presidents and TSPS Board of Directors during the month of the first quarterly TSPS Board of Directors meeting of the need to submit nominations.
2. Nominations must be received by the Awards Committee prior to the second quarterly TSPS Board of Directors meeting.
3. Nominations must be in writing, listing biographical data, work experience, specific merit as to why this nominee is worthy of the award, contributions to the surveying profession and civic contributions. These nominations may only b