BY-LAWS

 

TEXAS VEGETATION MANAGEMENT ASSOCIATION

 

Article I.  The name of the Association shall be the Texas Vegetation Management Education Association.  The Association shall continue to do business as the Texas Vegetation Management Association.  This shall be a non-profit organization.

 

Article II.  The purpose of the Association shall be:

  1. To promote and recognize professionalism in the vegetation management industry in Texas;
  2. To promote and educate in proper vegetation management techniques;
  3. To promote safe and ethical practices among members;
  4. To advance environmentally sound vegetation management practices;
  5. To promote the exchange of information between members;
  6. To enhance public understanding of the industry; and
  7. To advise, assist and cooperate with legislative and regulatory agencies.

 

Article III.

 

Section A.  All membership shall be subject to the approval of the Board of Directors.  There shall be the following classes of membership:

a.      Active Members:  any person who is interested in the advancement of the Association and its goals;

b.     Student Members:  any full-time, (degree-seeking) student.  Applications must be accompanied by the signature of a faculty advisor.  The membership will be non-voting.

c.      Associate Members:  any person who is an employee of a company who has a person that is an Active member.  This membership will be non-voting and will receive mailings only.  Applications must be accompanied by the signature of the Active member.

d.      Honorary Members: before being considered for Honorary membership, a person must meet the following criteria:

1)     He or she must have contributed significantly to the field of vegetation management during his or her career;

2)     He or she must have been an active member of the Association for no less than five years;

3)     He or she must have actively promoted the Association and it’s affairs during their membership;

The criteria in 1 through 3 above may be waived concerning honorary membership to deserving persons who are not members of the Association.  Honorary members shall hold in perpetuity all rights of Active membership.  Nominees for honorary membership shall be submitted to the Membership Committee in the form of a petition signed by no less than ten (10) Active members or may originate with the Membership Committee.  Nominees will be evaluated by the Membership Committee to ascertain that they meet the criteria for eligibility as an honorary member.  Eligible nominees will be presented by the Membership Committee to the Board of Directors, and shall, at the next Annual Meeting, present the nominee to the Association.  Honorary members shall be elected by a majority vote of voting members present during the Annual Meeting of the Association.

4)     Sustaining Members:  institutions, organizations and corporations invested in the advancement of the Association and it’s goals.  Sustaining members shall have all of the rights and privileges of members except that of holding office and voting.

5)     Charter Members:  shall be defined as all members on the books no later than the first day of the first Annual Meeting.

 

Section B.  All Active and Honorary members shall have the right to one vote.

 

Article IV.

 

Section A.  Officers of the Association shall be

a.      President;

b.     Vice President;

c.      Secretary-Editor; and

d.      Treasurer

 

Section B.  The President shall preside at all membership and Board meetings and shall, in consultation with the Board of Directors, appoint all committee chairs and shall perform all other duties incidental to the office.  The President shall prepare, in collaboration with the Secretary-Editor and Treasurer, an annual report of the Association’s activities to be presented to the Annual Meeting of the Association, including a report of each Board meeting. 

 

Section C.  The Secretary-Editor shall keep minutes of all meetings, mail out minutes and notices as directed by the Board, prepare official publications of the Association, and perform all other duties as usually associated with the office.

 

Section D.  The Treasurer shall be custodian of all dues and funds of the Association, maintain membership records, serve on the Membership Committee, pay all bill authorized by the Board of Directors, and at the Annual Meeting, give a true and complete report of the financial status of the Association.  At the discretion of the Board of Directors, the Treasurer-elect may, before assuming office, be required to make and execute a good and sufficient surety bond in an amount of not less than twenty thousand ($20,000) dollars conditioned on the faithful performance of the duties of his office, the expense of said bond to be borne by the Association.  The Treasurer shall deposit all receipts in a bank designated by the Board, and the signature of the Treasurer, or President shall be authorized on Association checks.  A bi-annual audit of the books shall be made by the Audit Committee and a report on the audit given to the Association membership during the Annual Meeting.

 

Section E.  Officers will normally serve for one year, or until their successors have been duly chosen.  Except in extenuating circumstances, and as approved by the Board of Directors, Presidents may not succeed themselves.  All other Officers and Directors, with the exception of the Secretary-Editor and Treasurer, may succeed themselves for one consecutive term, but then must relinquish said office for a like period of time equal their term in office.  The Secretary-Editor and Treasurer may serve unlimited terms.  Officers and Directors elected at any Annual Meeting shall begin their duties at the close of said meeting.

 

Section F.  Association Officers and Directors shall be selected from the membership and must be an active member of the Association.  The Vice President shall be selected from the Board of Directors, or may be nominated from the General membership.

 

Section G.  The Association Officers and Directors shall be nominated by a Nominating Committee which shall be appointed by the Board of Directors with the advice of the President.  In addition, nominations may be submitted from the floor of the Annual Meeting.  A candidate must receive a majority of the votes cast to be elected to the office for which said person was nominated.  Votes shall be cast in person by those attending the Annual Meeting.

 

Article V.

 

Section A.  The Board of Directors shall consist of the Association Officers and Immediate Past-President, and nine (9) Directors serving staggered terms of three (3) years each, with three (3) Directors elected at each Annual Meeting.  The Board of Directors shall be elected from the General membership.  The representatives of the Board shall be from the following categories:

 

State, County, City Highway Department – 1 member

Local (City or County) Government – 1 member

Contractors – 1 member

Suppliers – 1 member

Utility – 1 member

At Large – 4 members

 

The Board may select an Advisory Committee.  These advisors should consist of representatives from the Texas Department of Agriculture, Structural Pest Control Board, Texas Commission on Environmental Quality, Texas Cooperative Extension, Railroad Commission of Texas, Texas Parks and Wildlife Department, and representatives of other agencies that provide advice or regulatory control in the vegetation management industry.

 

Section B.  The President of the Association shall be the chair of the Board of Directors.

 

Section C.  The Board of Directors shall meet upon the call of the President or upon the request of three or more members of the Board of Directors in writing to the Secretary-Editor.  At least fifteen (15) days prior notice in writing or electronic format shall be given to all members of the Board of Directors as to any meetings.  The time and place of meeting shall be designated by the President.  A majority of the members of the Officers and the Board of Directors constitute a quorum for the transaction of business.  An action of the Board of Directors shall be upon the vote of the majority of its members present.  The Board of Directors shall meet no less than two (2) times annually.  Additional meetings will be called as necessary.

 

Section D.  The Board of Directors shall manage the affairs of the Association and shall have the power:

1.      to fill any vacancies between Annual Meetings among the Officers of the Association including the membership of the Board of Directors;

2.      to prescribe the duties of the Officers of the Association not otherwise prescribed in the By-Laws of this Association;

3.      to provide rules and regulations for conduct of the affairs of this Association as are consistent with the provisions of the By-Laws;

4.      to accept or reject applications for membership in this Association.  The Board of Directors shall have full power of the Association in all matters demanding action between meetings and shall submit, at the next succeeding Annual Meeting of the Association, a report of all actions taken by them under the authority of this section; and

5.      to remove for cause, after a 2/3 vote of the Board of Directors, and replace, any Officer or Board Member who fails to perform the duties of their office.

 

Article VI.  A quorum for the Annual Meeting of the Association shall consist of not less than fifteen (15) voting embers, or 10% of the membership, whichever is smaller, and at least two of whom shall be Officers of the Association.

 

Article VII.  All motions and resolutions presented at any Annual Meeting of the Association involving matters of policy, administration, or business, shall be referred to the Board of Directors who shall consider the same and report its recommendation back to the Association; however, should any matter require immediate attention by the Association, such matters may be considered immediately by consent of three-fourths of the active members present and voting.

 

Article VIII.

 

Section A.  There shall be an Annual Meeting of the Association for the election of Officers and Directors, the presentation and discussion of pertinent information on vegetation management related subjects, and other such business as may be properly brought before it.  Such Annual Meeting shall be held at such time and place as the Board of Directors may decide.  At least thirty (30) days prior notice shall be given in written or electronic format to all members as to time and place of the Annual Meeting.

 

Section B.  Special meetings of the Association may be held whenever the Board of Directors deems such meetings necessary or whenever a quorum of active members shall make a written request thereof presented to the Secretary-Editor.  Such request shall be placed with the Board of Directors which shall designate a time and place for such special meetings.  The Secretary-Editor shall give written or electronic notice of all special meetings of the Association to all members at least two weeks prior to the date of such special meeting. 

 

Article IX.  Fiscal year:  the fiscal year for the Association shall be the calendar year.

 

Article X.  Standing and special committee membership shall be open to the general TVMA membership.  Standing and special committee chairs shall be recommended by the President and approved by the Board of Directors to serve at the pleasure of the Board of Directors as follows:

  1. Membership Committee:  this committee shall promote membership in the Association and shall include the Secretary-Editor;
  2. Editorial Committee:  this committee shall include the Secretary-Editor and shall generate and distribute newsworthy and educational items for the Association;
  3. Program Committee:  this committee shall be chaired by the Vice President, and shall provide programs for each Annual Meeting;
  4. Nominating Committee:  this committee shall be chaired by the Immediate Past-President, who shall recommend to the Association, candidates for election to the several offices;
  5. Training Committee:  this committee shall be responsible for generating and promoting pesticide applicator training and recertification programs for the Association’s members and other interested persons;
  6. Awards Committee:  this committee shall make recommendations to the Board of Directors on appropriate awards;
  7. Scholarship Committee:  this committee shall make recommendations on scholarships to deserving students;
  8. Internal Audit Committee:  this committee shall consist of at least two (2) members who shall audit all books and fiscal documents of the Association biannually;
  9. Historical Committee:  this committee shall document the past activities of the Association;
  10. Advisory Committee:  this committee may consist of representatives from the Texas Department of Agriculture, the Structural Pest Control Board, the Texas Commission on Environmental Quality, the Railroad Commission of Texas, Texas Parks & Wildlife Department, and any other agencies that provide advice or regulatory control in the vegetation management industry; and
  11. Special Committees:  such other committees as, from time to time be deemed necessary, shall be appointed by the President and approved by the Board of Directors.

 

Article XI.  Rules of Order.  Business sessions of the Association shall be conducted in accordance with Roberts Rules of Order.

 

Article XII.  Publications.  All publications of the Association shall be issued under the direction of the Secretary-Editor and shall become the property of the Association.

 

Article XIII.  Amendments.  These By-Laws may be amended by three-fourths (3/4) vote of the active members present at the Annual Meeting, after approval of the Board of Directors, provided the notice of the proposed amendment has been transmitted by the Secretary-Editor in written or electronic format to active members at least thirty (30) days before the Annual Meeting.

 

Article XIV. Dissolution.  The Association shall have perpetual existence, but if dissolved, it’s assets shall be donated to a non-profit organization for research on vegetation management or a scholarship fund which will be selected by the Board of Directors.

 

(The above and foregoing By-Laws of the Texas Vegetation Management Association were approved by the Board of Directors on 8/4/05, and adopted by the TVMA membership on October 25, 2005.)