REPORT OF COUNCIL ON CONSTITUTION AND BYLAWS
CCB Report 1-A-07
Subject: Converting TMA Constitution and Bylaws to TMA Writing Style
Presented by: Drew W. Alexander, MD, Chair
Referred to: Reference Committee on Financial and Organizational Affairs
In 2001, TMA's Division of Communication developed Language, Expressions, and Style, designed to ensure that TMA documents are grammatically correct and consistent in style. Marketing and promotions staff in the division reviewed the TMA Constitution and Bylaws for style inconsistencies. While the majority of changes suggested relate to capitalization, punctuation, and grammar, changes to several sections are proposed for clarification. Language also was converted from passive to active voice.
Revisions to TMA Bylaws were approved at the May 2006 Annual Session and proposed revisions to the TMA Constitution were approved at first reading (CCB Report 1-A-06). As required, the Constitution was published in the February 2007 issue of Texas Medicine, and is being submitted at this meeting for final House of Delegates approval. The document in its entirety is listed below .
Recommendation 1: Approval of proposed changes to TMA Constitution.
CONSTITUTION
All references in this document to "articles" shall refer to articles in this Constitution; all references to "chapters" shall refer to chapters in these Bylaws; and all references to "the association" shall refer to the Texas Medical Association.
ARTICLE I. NAME.
The name of this organization is the Texas Medical Association.
ARTICLE II. PURPOSES.
The purposes of the association are to (1) serve the people of Texas in matters of medical care, (2) federate members of the profession practicing medicine and surgery, (3) provide effective representation for its members, (4) unite with similar state associations to form the American Medical Association, (5) promote unity and cooperation among its members and component organizations, (6) secure the enactment of appropriate medical and health care legislation, (7) extend medical knowledge and advance medical science, and (8) strive for the prevention and cure of disease and the improvement of public health.
The association shall have the authority to regulate ethical conduct among its members, to maintain and advance the standards of medical care, and to enact bylaws regulating such matters.
ARTICLE III. COMPOSITION.
Sec. 1. This association shall be composed of duly and constitutionally chartered county medical societies and the members thereof.
Sec. 2. Those eligible for membership in the association are physicians holding the degree of Doctor of Medicine and/or Doctor of Osteopathy, and full-time students pursuing a course of study in a Texas medical school recognized by the Texas State Board of Medical Examiners that leads to the degree of Doctor of Medicine or Doctor of Osteopathy. Deans of these medical schools and presidents of health science centers of which these medical schools are component schools also shall be eligible for membership in the association provided they hold doctoral degrees.
Sec. 3. All members shall subscribe to the Principles of Medical Ethics of the American Medical Association and shall not hold themselves out as practitioners of sectarian medicine.
Sec. 4. All physician members shall be licensed to practice medicine in Texas; a temporary license, certificate, or permit shall not be deemed adequate. The exceptions to this licensure requirement for membership are:
House staff physicians serving in training programs approved by the Accreditation Council for Graduate Medical Education who hold institutional permits from the Texas State Board of Medical Examiners.
Physicians who are military medical officers, employees of governmental entities, and those with academic and administrative appointments in medical schools who are not required to register under the Medical Practice Act of Texas, and who are residents of the State of Texas.
Physicians who are fully retired from the practice of medicine.
ARTICLE IV. OFFICERS.
The officers of the association shall be a president, president-elect, immediate past president, secretary/treasurer, speaker and vice speaker of the House of Delegates, the nine at-large members of the Board of Trustees and a councilor for each councilor district. Their election, responsibilities, and terms of office shall be as provided in the Bylaws.
ARTICLE V. HOUSE OF DELEGATES.
Sec. 1. The legislative and policy-making body of the association shall be the House of Delegates. The House of Delegates shall transact all business of the association not otherwise specifically provided in this Constitution and Bylaws, shall elect the officers except as otherwise provided in the Bylaws, and shall meet as provided in the Bylaws.
Sec. 2. House of Delegates membership shall consist of:
Delegates representing county medical societies, elected in accordance with this Constitution and Bylaws; and
Ex officio members, including
(a) The president, president-elect, immediate past president, secretary/treasurer, and speaker and vice speaker of the House of Delegates;
(b) Councilors;
(c) Nine members elected at large to the Board of Trustees;
(d) Texas delegates and alternate delegates to the American Medical Association;
(e) Chairs of standing councils and members of the Council on Legislation;
(f) Delegates from the International Medical Graduate Section, Resident and Fellow Section and Young Physician Section;
(g) Delegates representing the Medical Student Section from each approved and active Medical Student Section Chapter;
(h) Delegates of medical specialty societies selected in accordance with this Constitution and Bylaws; and
(i) As nonvoting members, the chair of TEXPAC, past presidents of the association who are active or emeritus members, and delegates emeritus of the AMA delegation.
ARTICLE VI. BOARD OF TRUSTEES .
The Board of Trustees shall be composed of at-large members elected as provided in the Bylaws and, ex officio, with vote, the president, president-elect, immediate past president, secretary/treasurer and speaker and vice speaker of the House of Delegates. A medical student member shall be appointed annually as provided in the Bylaws. This board shall establish interim policy of the association. All policies established by the Board of Trustees shall be subject to ratification by the House of Delegates. The Board of Trustees shall perform other duties as defined in the Bylaws and as may be established by the House of Delegates. The board shall meet at intervals between meetings of the House of Delegates.
The Board of Trustees shall manage the business and financial affairs of the association. All association funds shall be subject to the exclusive control of the Board of Trustees except as otherwise provided in the Bylaws. The Board of Trustees shall serve in general as a board of directors within the meaning of the corporate laws of the State of Texas.
ARTICLE VII. BOARD OF COUNCILORS .
The Board of Councilors shall consist of one member from each councilor district. All questions of medical ethics shall be referred to this board, as provided in the Bylaws. The Board of Councilors shall supervise component county societies.
ARTICLE VIII. COMPONENT COUNTYSOCIETIES.
Component county societies shall be chartered by and organized under the direction of the Board of Councilors. Component county societies shall have general jurisdiction over the medical affairs within their geographical boundaries, as provided in the Bylaws.
ARTICLE IX. COUNCILOR DISTRICTS.
The House of Delegates shall divide the state into councilor districts for the primary purpose of electing councilors and vice councilors and to promote the best interests of the public and the profession.
ARTICLE X. ANNUAL SESSION.
The association shall hold an annual session for the presentation of general and scientific programs.
ARTICLE XI. FUNDS, DUES, AND ASSESSMENTS.
Funds may be raised by annual dues and by assessments of members of the association, as provided in the Bylaws.
ARTICLE XII. INCORPORATION.
The association shall have the authority to take out papers of incorporation under the corporate laws of the State of Texas. The association shall have a common seal with power to break, change, or renew the same at pleasure. Component county societies shall have the authority to take out papers of incorporation, provided that said incorporation does not remove the said component county societies from the jurisdiction of the association.
ARTICLE XIII. AMENDMENTS.
The House of Delegates may amend this Constitution by a two-thirds affirmative vote of its members present and voting at any annual session, provided that the proposed amendment shall (1) have received majority approval at the preceding annual session, (2) have been published in Texas Medicine, and (3) have been sent officially to each member of the House of Delegates and each component county society at least two months before the meeting at which final action is to be taken.
TMA House of Delegates: TexMed 2007