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BYLAWS of the VETERANS COUNTY SERVICE OFFICERS ASSOCIATION OF TEXAS (VCSOAT)
ARTICLE I (MEETINGS) SECTION I. The Veterans County Service Officers Association shall conduct a bi-annual meeting in conjunction with the bi-annual Texas Veterans Commission Statewide Conference for Veterans County Service Officers. The President shall perform coordination as may be required in cooperation with the Director of the Texas Veterans Commission.
ARTICLE II (OFFICERS) SECTION I The officers of the Association shall be the President, Vice-President, Secretary, Treasurer, Judge Advocate, Chaplain, and five Regional Directors, one from each of the five regional areas of Texas, as previously designated by the Department of Veterans Affairs during calendar year 1963.
SECTION II The Executive Committee shall consist of the President, Vice-President, Secretary, Treasurer, Judge Advocate, Chaplain, Sergeant-at-Arms, and the Director from each of the five regional areas.
SECTION III Such other officers and committees as may be required or which may be found to be essential to the good of the Association shall be appointed by the President and shall hold office only during the term of the appointing President.
SECTION IV. All members of the Association, as defined in the Constitution, shall be eligible to hold office in the Association.
SECTION V. The Legislative Committee shall be composed of seven (7) members. The President will appoint six (6) members to the Committee, one member from each of the five regions and one at-large. The appointed members shall serve for one year. In all matters coming before the Committee, the Chairperson will cast a vote for the sole purpose of breaking a tie vote of the other appointed members and will not vote on any other matter.
ARTICLE III (ELECTION AND APPOINTMENT OF OFFICERS) SECTION I. The officers of the Association shall be elected by majority vote of all active members present at the bi-annual meeting of the Association. The Executive Committee shall appoint a Nominating Committee consisting of one (1) member from each of the five (5) regions of Texas, at the Executive Committee meeting held immediately after the close of the annual business meeting, as provided for in the Constitution and Bylaws. Members of this committee will serve for the ensuing year and their duties will cease at the end of the annual business meeting. It shall be the duty of this committee to return to the members, during the annual business meeting, nominees for the various offices to be elected as provided for in the Constitution and Bylaws. The committee shall select at least one nominee for President, Vice-President, Secretary, Treasurer, Judge Advocate, and Chaplain from the active membership at large. The President shall appoint the Sergeant-at-Arms. Each of the five regions as designated in the Constitution and Bylaws, shall elect one Director/Assistant Director during the annual meeting. The Director/Assistant Director elected shall be confirmed by the membership at the end of the annual meeting. All elected and appointed officers shall serve for a term of one (1) year, which shall terminate immediately upon qualification of their successor. The President may not serve more than two (2) consecutive terms and must be elected at the end of each term. In all cases where there is more than one nominee for any elected office, the ensuing election for said office will be conducted by secret written ballot. Unopposed nominees shall be elected by acclamation procedures. Officers elected during the annual meeting shall be installed at the closing of the annual meeting.
ARTICLE IV (VACANCIES) SECTION I. A vacancy may be declared by the President, to exist in any office, upon the death of the officeholder, or if the officeholder, because of physical disability, is unable to perform the duties of said office, or upon the acceptance by the President of the written resignation of the officeholder, or upon the unanimous decision of the Executive Committee that such person is no longer eligible for active membership in the Association.
SECTION II. Upon a vacancy being declared in any office or upon any committee, the President shall immediately fill such vacancy by appointment, excepting that should the office vacated by that of President, The Vice-President shall automatically assume the office to include all duties and privileges thereof.
SECTION III. Any person appointed to fill a vacancy shall have all of the rights and privileges of his/her predecessor and shall be held responsible for the performance of the duties of the office or position for the unexpired term of the officer or committee member whom he/she succeeds.
ARTICLE V (DUTIES OF OFFICERS) SECTION I It shall be the duty of the President to preside over all meetings of the Association, to be the ex-officio member of each committee appointed, to faithfully carry out the policies of the Association, and to perform such other and further duties as may be requested by this Association.
SECTION II It shall be the duty of the Vice-President to perform the duties of the President in his/her absence, or in his/her inability or failure to act, and to assist the President in the performance of his/her duties when called upon by the President to do so, and to perform such other and further duties as may be requested by the President.
SECTION III The Secretary shall record the minutes of Association meeting, and keep all official records of the Association.
SECTION IV The Judge Advocate shall advise the President and Executive Committee on all questions of parliamentary procedure for the conduct of business and be responsible for reviewing any prospective changes to the Constitution and Bylaws. The Judge Advocate shall interpret the Constitution and Bylaws when called upon by the President. The Judge Advocate shall rule on the legality and propriety of actions and decisions insofar as they affect the association and are governed by the Constitution and Bylaws. The Judge Advocate shall monitor any and all legal negotiations entered into by the association and keep the Executive Committee apprised of their progress; however, the Executive Committee must approve all decisions that will be binding upon the association. The Judge Advocate shall provide advice in the conduct of the association’s business and recommend employment of proper legal counsel when necessary. The Judge Advocate shall be the association’s Chief Parliamentarian. SECTION V The Treasurer shall keep an accurate record of all finances and provide a report to the Association, bi-annually. The Treasurer shall collect all dues and other moneys for the Association and issue receipts for same. It shall further be the duty of the Treasurer to purchase and pay for all necessary stationary and postage and to pay all other accounts legally contracted an authorized, as provided within the Bylaws. The Treasurer shall post a bond from a qualified bonding company in the amount of not less than the annual year-end balance of the Association funds. (Year-end balance is understood to mean the total Association funds available two weeks subsequent to adjournment of the annual meeting.) The premium of said bond is to be paid by the Association.
SECTION VI The directors shall act as advisors to assist the President in the conduct of the affairs of the Association. They shall, with the other officers, constitute the Executive Committee, which shall be empowered to carry out the policies of the Association as provided within the boundaries of the bylaws.
SECTION VII The President of the Association will immediately upon installation, call a meeting of the Association’s Executive Committee to set the objectives, goals and budget of the Association for the ensuing year. Any member of the Association in good standing may attend the Executive Committee meeting but will have no vote.
ARTICLE VI (BETWEEN MEETINGS) SECTION I Between meetings, the governance, management, and administrative power of the Association, including the carrying out of the policies thereof and the expenditure of moneys, shall be vested in the President. On questions of new and major policies, or with regard to expenditures in excess of $250.00, the President shall obtain the approval of the Executive Committee at the next available Executive Committee meeting.
ARTICLE VII (ANNUAL DUES) SECTION I The annual dues for any member shall be payable in advance for the calendar year, which shall commence in September of each year. Dues paid in September will be for the following year. Dues will be in arrears as of October 1st of each year. Dues will be set by the membership and may be changed at any annual meeting by two-thirds majority vote.
SECTION II A sum not to exceed $250.00 will be allocated each year to offset any expense that may be incurred by Regional Directors to conduct a Spring Regional Meeting. This meeting may be called by the Director to promote membership and to consider any other matter that said Director or member deems necessary for the good of the Association. Each Director will be authorized proper expenses not to exceed $50.00. The Treasurer will be authorized to make payment upon presentation of proper documented bills for said expenses.
ARTICLE VIII (QUORUM) SECTION I Twenty-five percent of the active members of this Association shall constitute a quorum for the transaction of business.
SECTION II A quorum of the Executive Committee shall consist of six (6) of the members of such committee.
ATTACHMENT I
GOVERNMENT CODE - TITLE 4. EXECUTIVE BRANCH
SUBTITLE C. STATE MILITARY FORCES AND VETERANS
CHAPTER 434. VETERAN ASSISTANCE AGENCIES
SUBCHAPTER B. VETERANS COUNTY SERVICE OFFICES
Sec. 434.031. DEFINITIONS. In this subchapter: (1) "Office" means a Veterans County Service Office created under this subchapter. (2) "Officer" means a veterans county service officer or assistant veterans county service officer. (3) "Commission" means the Texas Veterans Commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 364, Sec. 2, eff. Sept. 1, 1989.
Sec. 434.033. OFFICERS. (a) A commissioners court that maintains and operates an office shall appoint a veterans county service officer and the number of assistant veterans county service officers that it considers necessary. (b) To be appointed as an officer a person must: (1) be qualified by education and training for the duties of the office; (2) be experienced in the law, regulations, and rulings of the United States Department of Veterans Affairs controlling cases that come before the commission; and (3) have the service experience specified by Subsection (c) or be: a. a widowed Gold Star Mother or unremarried widow of a serviceman or veteran whose death resulted from service. b. the spouse of a disabled veteran who has a total disability rating based either on having a service-connected disability with a disability rating of 100 percent or on individual unemployability.
(c) To meet the service experience requirement of Subsection (b)(3) a person must have: (1) served on active duty in a branch of the armed forces of the United States; (2) served for at least four months or have a service-connected disability; and (3) been honorably discharged. (d) An officer serves at the pleasure of the commissioners court. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 364, Sec. 3, eff. Sept. 1, 1989.
Sec. 434.035. DUTIES. An officer shall aid any county resident who served in the armed forces or nurses corps of the United States, and any orphan or dependent of the person, to prepare, submit, and present any claim against the United States or a state for benefits to which the person may be entitled under United States or state law. The officer shall defeat all unjust claims that come to the officer's attention. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 434.036. PROHIBITIONS. (a) An officer may not charge a fee or permit the payment of a fee by an applicant to a third person for services the officer renders under this subchapter. (b) An officer may not seek to influence the execution of a power of attorney to one national service organization over that of another. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 434.037. ACCESS TO RECORDS. A state eleemosynary or penal institution shall give an officer access to its records to enable the officer to determine the status of a person confined in the institution relating to a benefit to which the person may be entitled. Access to records of a penal institution is governed by rules of the Texas Department of Corrections. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 434.038. TRAINING AND CERTIFICATION. (a) An officer shall, within the time after the date of the officer's appointment that the commission prescribes, complete a course of initial training provided by the Texas Veterans Commission. The commission shall issue the officer a certificate of training after completion of the initial training course. To maintain certification, the officer shall complete continuing training to the extent required by the commission. An officer must maintain certification to remain in office. (a-1) The commission shall develop and implement methods for providing training to officers. The methods may include Internet-based seminars, participation through videoconference, cooperation with training provided by the United States Department of Veterans Affairs, and other methods as appropriate. (b) The commission shall provide, at commission expense, the initial and continuing training required by this section at least once each year. (c) The commissioners court of an officer's county shall reimburse an officer's travel and lodging expenses incurred in attending commission training unless state funds are appropriated for that purpose. If state funds are appropriated, the commission shall make the reimbursement in the manner prescribed for the reimbursement of these expenses to state employees. (d) The commission shall develop standard course materials, training curriculum, and examinations to be used for county service officer certification and United States Department of Veterans Affairs accreditation. The members of the commission must approve the course materials, training curriculum, and examinations before the commission may distribute the materials and administer examinations. (e) The commission shall: (1) maintain course materials and examinations in a central location and provide county service offices and commission field staff with access to the course materials on the commission's Internet website; (2) regularly update course materials, training curriculum, and examinations after consulting with: (A) the United States Department of Veterans Affairs to ensure the course materials, training curriculum, and examinations are accurate and meet applicable United States Department of Veterans Affairs requirements; and (B) accredited county service officers to ensure the materials, training curriculum, and examinations include issues developing at the county level; and (3) develop a training handbook containing instruction and case studies addressing: (A) general assistance techniques, including how to provide general information regarding state and federal benefits and referrals for other services and to other agencies, and general information regarding state and federal benefits; (B) basic counseling approaches for assisting veterans, their family members, and other eligible dependents filing benefit claims; (C) basic information on United States Department of Veterans Affairs processes and procedures, including how to accurately complete claims and appeals forms and how to support claims; (D) methods of collecting required documentation and developing claims and appeals; (E) methods of documenting progress and updating a veteran's, a veteran's family member's, or another eligible dependent's case information; (F) methods of assisting veterans, their family members, or other eligible dependents in pursuing appeals, including offering case knowledge in appeals hearings; and (G) methods of representing veterans, their family members, or other eligible dependents during appeals hearings. (f) The commission may establish rules to carry out the purposes of this section, including rules regarding carryover of credit for extra course attendance from one year into subsequent years and the anniversary date by which the continuing certification requirement must be met.
Added by Acts 1989, 71st Leg., ch. 364, Sec. 4, eff. Sept. 1, 1989. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1269, Sec. 12, eff. September 1, 2007.
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