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CAG ® Texas Claims Association |
CONSTITUTION AND BYLAWS ARTICLE I-NAME Section 1 The name of the Association shall be the Texas Claims Association. Section 2 The Association shall be a non-profit organization. Section 3 The fiscal year of the Association shall begin January 1st and end ARTICLE II-AFFILIATION Section 1 The Association may, subject to the approval of the majority of its members registered at the annual meeting, be affiliated with a Regional Claim Association or National Association provided such Regional or Section 2 The Association may not become affiliated with any other organization, society, or association that does not offer professional membership to all who qualify, whether staff, independent, management, owners, or corporate officers of insurance companies, or owners of claim firms, and in all cases such affiliation must have standards equal to or higher than those set by TCA. Section 3 A local claims association may become an affiliate of TCA upon requesting such status and being approved by majority vote of the Board of Directors. TCA membership will remain optional for individual members of affiliate associations. ARTICLE III-OBJECT The purpose of this organization shall be… Section 1 To promote and maintain the highest ethical practices and professional standards in the insurance claims profession. Section 2 To vigorously resist false or fraudulent claims and to promptly expose dishonest or unethical practices within our profession. Section 3 To aid in the education of the members by securing and disseminating information pertaining to our profession through the free discussion of common problems and by the acknowledgment of education achievement. Section 4 To promote the general welfare of the insurance industry and to foster and assist the organization and continuance of strong local claim associations and safeguard separate entity. Section 5 To honor and acknowledge the noteworthy accomplishments of individual members, who have gained stature through unselfish contribution, advanced education and tenure of experience in and for our profession. Section 6 To activate good fellowship, harmony and cordial business relationships among members. ARTICLE IV-CODE OF ETHICS AND PRACTICE Section 1 Members will strictly adhere to the Statement of Principles on “Respective Rights and Duties of Layers and Laymen in the Business and Adjusting of Insurance Claims” adopted by the Conference Committee on Adjusters or as may be hereafter amended. Section 2 Members will strictly adhere to the “Unfair Claims Practices Act” passed by the Texas Legislature and effective on August 27, 1973, and as it may subsequently be amended, and to rules and regulations promulgated by those official bodies empowered to do so. Section 3 No member shall accept gratuities from claimants or personal enrichment from the service of experts, salvors, and/or repairmen. Section 4 Members shall cooperate and give to one another professional aid and support. Section 5 No member shall knowingly undertake any activity to further any interest contrary to the interest of the entity he or she represents. ARTICLE V-MEMBERSHIP Section 1 Membership shall be classified as Regular, Industry, Lifetime and Honorary members. (A) REGULAR: Any person is eligible for Regular membership if he or she is licensed by the Texas Department of Insurance as an Insurance Adjuster and who is actively engaged in and derives the major part of his or her income from the handling, adjusting, supervision, or investigation of claims for or on behalf of insurance companies, self-insureds, or governmental agencies. Regular membership shall also consist of any person who is an officer of any insurance company, an owner of any insurance company or adjusting firm or who is responsible for the claims procedures for an insurance company or self-insured, and any branch, regional, departmental, or other divisional manager for an insurance company, claims adjustment company, or self-insured. Regular membership shall be classified as Member-voting. (B) INDUSTRY: Any person is eligible for industry membership if he or she provides a service to the insurance claim industry and/or self-insureds. He or she must have a bona fide interest in the insurance claim industry and must not be engaged in any professional activity, which would be in direct opposition to the interests of the Association. Industry membership will be classified as Member non-voting. (C) LIFETIME/HONORARY: Upon unanimous consent of the Board of Directors, Lifetime Membership or Honorary membership may be conferred on guests or friends of anyone the Board may deem worthy of same. Lifetime membership will be classified as Member-voting and dues will be waived. Honorary membership shall be classified as Member non-voting and shall not require dues. Section 2 Any member who has not paid dues prior to the last day of a given calendar year shall be automatically dropped from membership. Section 3 Persons who have previously been a member of the Association, but who are no longer eligible for active membership, but who wish to remain associated with the Association, may continue that association as a Member non-voting. Section 4 All Members-Voting:
Section 5 All Members Non-Voting:
Section 6 All applications shall be submitted to the Executive Secretary with the Section 7 In no case shall the Association become involved with or interfere in any ARTICLE VI-DISCIPLINE: Section 1 Any complaint against a member shall be investigated by a Grievance Section 2 It shall be the right of any member disciplined under this article to make a Section 3 Any member of this Association who is adjudged guilty of any breach of trust or violation of this Constitution, code of ethics, incompetence or revocation of his/her adjuster’s license, if any, or any other misconduct that is prejudicial to the reputation and good standing of the Association and is reprimanded or suspended by the Association shall receive notice of said reprimand or suspension by certified mail over the signature of the President or his successor and one (1) member of the Board of Directors. Section 4 Any member of this Association who is adjudged guilty of any breach of trust or violation of this Constitution, code of ethics, incompetency or revocation of his/her adjuster’s license, if any, or any other misconduct that is prejudicial to the reputation and good standing of the Association and is expelled from this Association shall receive notice of such expulsion by certified mail over the signature of the President or his successor and one (1) member of the Board of Directors. Upon receipt of such notice of expulsion by the Board of Directors, or upon being dropped from membership as provided in Article V, Section 3, the member shall, within fifteen (15) days thereafter, return all identifying material, membership card, wall plaque, etc., and shall immediately desist from using any certification, title or honors bestowed upon him/her by the Association. Section 5 By accepting membership in the Association, and in consideration for receiving the benefits of said membership, each member – voting or non-voting – acknowledges and agrees to abide by the provisions of this Article. ARTICLE VII-OFFICERS Section 1 The officers of this Association shall be:
Section 2 The term of office for all officers shall be one (1) year, or until his/her successor is elected. Officers shall be elected by majority vote of the members present at the annual meeting of the Association. New officers shall assume their duties at the conclusion of each annual meeting of the Association. Section 3 There shall be, as nearly as possible, an equal balance in the officership of TCA, of staff personnel and independent personnel. Section 4 The nominees for a vacancy for the officership of TCA will be selected from members in good standing of TCA. At any time that a given District has a vacancy on the Board of Directors, whether it be by election of one (1) of their members to officership or any other reason, the alternate will assume the duties of Director from that District and in his/her absence a new Director will be appointed by the President for the remainder of that unexpired term. Section 5 It is desirable that each new officer elected shall fill the vacancy of the lowest office, and for each vacancy above, the officers below must move up, and, except for the 1st Vice President, shall be the President Elect, provided, however, that the Board of Directors, with ratification of the membership, may remove any officer for cause. Should the position of an officer of this Association become vacant prior to the annual meeting, the President may appoint a qualified person to fill that vacancy until the time of the annual meeting, whereupon the vacancy shall be filled by election in accordance with the further provisions of this Constitution. Section 6 While the officer of Secretary shall be elective, the President, upon approval of the Board of Directors and notification of the membership, may appoint or employ a person to be designated as Executive Secretary or Executive Vice President, who will be a person under contract with the Association at the direction of the Board of Directors, with a fixed budget as approved by the majority of the Board of Directors. ARTICLE VIII-DUTIES OF OFFICERS Section 1 The President shall be in charge of all affairs of the Association. He/she shall preside over all meetings of the Association and Board of Directors. He/she shall appoint all committees, except the Board of Directors, and such appointments shall be made after consulting with the Board of Directors. The President may issue such directives as he/she deems necessary and in the best interest of the Association and such directives be binding unless the Board of Directors notifies the President in writing within fifteen (15) days that such directives should be tabled for majority approval by the Board of Directors. At that time, the President must withdraw the directives at once and it becomes inoperative. Section 2 The 1st Vice President shall exercise the duties of the President in the event of absence or incapacity of the President. He/she shall perform such other duties as may be requested by the President. Section 3 The 2nd Vice President shall exercise the duties of the President in the event of absence or incapacity of the President and the 1st Vice President. The 2nd Vice President shall direct the functions of the membership committee and perform such other duties as may be requested by the President. Section 4 The Secretary shall record the minutes of all meetings of the Association and the Board of Directors and perform any other duties as requested by the President. Section 5 The Treasurer shall function as the custodian of money for the Association, disbursing monies after approval of the President. He/she shall maintain a record of monies received and disbursed, and duties incidental to the office of Treasurer as may be requested by the President. The Treasurer must be bondable. A Fidelity Bond must be purchased by the Association covering the Treasurer in a minimum amount of $1,000.00. Section 6 The Executive Secretary, under the direction of the President, will handle all correspondence for and on behalf of the Association; notify the members as to the time and place of all meetings. He/she will send out dues letters to all members. He/she will collect all dues and assessments, make deposits, and forward a copy of all material to the Treasurer. He/she will maintain a current roster of members who have paid their dues for the current year, and perform such other duties incidental to the office of Executive Secretary as may be requested by the President. The Executive Secretary must be bondable. A Fidelity Bond must be purchased by the Association covering the Executive Secretary in a minimum amount of $1,000.00. ARTICLE IX-THE THREE BOARDS OF TCA There shall be three (3) TCA Boards:
Board 1 The Board of Directors, along with the elected officers, will make all decisions and transact all business for the Texas Claims Association. This Board will represent all parts of the State of Texas and will be equally balanced between staff, independents and management of both. Board 2 The Advisory Board will be made up of the original formation group, and all subsequent Past Presidents. The Advisory Board will offer suggestive guidelines based upon their past experience with TCA. Board 3 The Industry Board will represent management at the highest level possible, and will offer suggestive guide lines based upon what management feels is in the best interest of the insurance industry. ARTICLE X-BOARD OF DIRECTORS Section 1 The Board of Directors shall consist of the elected officers and one (1) elected member and one (1) alternate from each District. It is desirable that the Director of each District be alternately chosen from independent and staff adjusters. Section 2 The officers of TCA shall not be bound by any directives, except the majority vote of the entire Board of Directors and the provisions of this Constitution. Section 3 The officers of TCA may serve only one (1) consecutive term in any one (1) office. Section 4 The elected members of the Board of Directors shall not serve more than two (2) consecutive terms except where there is no member available to assume the position. Section 5 The President of TCA will serve as Chairman of the Board. Section 6 While the Advisory Board shall be the nominating committee, the Board of Directors may make such additional nominations as they deem appropriate. ARTICLE XI-ADVISORY BOARD Section 1 The immediate Past President of TCA shall automatically become Chairman of the Advisory Board. He/she does not have voting rights, except in the event of a tie vote at the Board of Director level. Section 2 The immediate Past President (or designated alternate) will attend all regularly called meetings of TCA and receive a copy of all official correspondence. Section 3 The active members of the Advisory Board shall be the nominating committee for all TCA officer vacancies. Section 4 At the beginning of an administrative year, the Chairman of the Advisory Board will poll his/her members to determine which of them are active and which are inactive and shall so designate in the minutes. The active members will be available at the call of the President or the Chairman to serve in any reasonable capacity on behalf of TCA. No one, except the Chairman of the Advisory Board, shall have a voting right except as noted in the above paragraph. Section 5 When a member of the Advisory Board is inactive for three (3) consecutive years, he/she shall be dropped from the rolls of the Advisory Board. ARTICLE XII-INDUSTRY BOARD The President will appoint an Industry Board. All persons appointed must be in some official capacity within their employment. Section 1 Official capacity shall mean a person within management, either an officer of the company, an owner, an officer of an insurance-oriented association, or a person in charge of the supervision of more than one (1) states, and any such person must be within the insurance industry. Section 2 There shall be one (1) appointment from each of the following:
Section 3 The only purpose of the Industry Board is to function as a sounding board as seen through the eyes of the appointee. The President may request opinions of given subject matters and solicit constructive criticism. At the beginning of each administrative year the incoming President will invite each of the appointees to render a written report of the recommendations such appointees would feel to be in the best interest of the segment of the insurance industry he/she represents. Section 4 The Industry Board will not have voting rights. They are automatically invited to any Association meeting as guests and they will be kept apprised of TCA activities, particularly in legislative matters or matters affecting the industry as a whole. ARTICLE XIII-COMMITTEES Section 1 There shall be a membership committee appointed by the President to screen and process applications for membership. The 2nd Vice President shall direct the function of the membership committee. Section 2 There shall be a recognition committee. This will be a standing committee appointed by the President. This committee will acknowledge noteworthy accomplishments of individual TCA members. Section 3 The President may appoint additional committees to carry out the affairs of the Association. Such committees shall serve until relieved of duties or unless otherwise specified by the President. Section 4 The Board of Directors shall meet no less than one (1) time during six-month period and shall meet upon call by the President. Section 5 All other committees shall meet upon call by the committee chairman or at the direction of the President. Section 6 A majority of the members shall constitute a quorum at all meetings of the Board of Directors and all other committees. Section 7 TCA shall form a grievance committee. Section 8 The Board of Directors will appoint or remove a permanent editor of the state publication. Section 9 The Board of Directors will appoint or remove a permanent editor of the state directory. Section 10 The Scholarship committee to be made up of the Executive Board and one member appointed by the President from the general membership. The President to select a chairperson from the Executive Board. Should there be an Executive Board member dependent that makes application, that member would be excused from the committee and be replaced by a member from the general membership appointed by the President. Section 11 The President, with the approval of the Board of Directors, will appoint a Continuing Education Committee. ARTICLE XIV-DISTRICTS Section 1 For the purpose of selecting Directors, the state shall be divided into Districts to number no less than four (4) and no more than ten (10). There may be a Director and/or Alternate nominated, elected, or appointed from each District to serve each fiscal year of the Association on the Board of Directors. Section 2 The original Districts shall be designated by a committee appointed by the President. The official Districts, as set forth by the committee, shall be approved by the Board of Directors. Section 3 Changes in the Districts may be made, but only by majority vote at an annual meeting of the Association. ARTICLE XV-DUES Section 1 Dues for members shall be set for each coming year by a vote of the membership present at the annual meeting and shall not be prorated for members who apply to TCA for a period of less than one (1) year. Section 2 Dues are payable on or before November 1 for the forthcoming year. Dues not paid by January 1st shall result in suspension of the delinquent member. ARTICLE XVI-MEETINGS Section 1 The Association shall meet once each calendar year upon the call of the President as approved by the Board of Directors. Notice of the Annual Meeting shall be in writing to all members and an agenda of the business to be transacted shall be incorporated within that written notice. Such notice shall be thirty (30) days in advance of the called meeting. This shall be designated the Annual Meeting of the Association. The purpose of the Annual Meeting will be to elect officers and transact all other business of the Association. The Annual Meeting will not be held in the same city in two (2) consecutive years. Section 2 The Association may hold additional meetings upon call by the President, provided the President gives regular notice to the members at least fifteen (15) days prior to the proposed meeting date, stating place and purpose of the meeting. Section 3 Emergency Meetings: The Board of Directors may, if the situation so dictates, hold an “Emergency Meeting” wherein the problem or situation may be conveyed in writing to all members of the Board of Directors and, five (5) days thereafter, a vote may be taken via phone, confirmed in writing and entered by the Secretary in the minutes of the Association. The telephone poll shall be taken by the President, but the written confirmation shall be received by the Secretary. Such “Emergency Meetings” shall constitute a valid meeting of the Board of Directors and have the same effect and force as a regularly called meeting, provided, however, that the Board of Directors cannot act on a matter requiring vote of the membership. Section 4 All meetings of the Association will be conducted according to the latest edition of Robert’s Rules of Order. An exception to the rules may be made by the presiding officer if such exception will expedite the transaction of business for the Association. Section 5 The Annual Meeting of the Association shall be held during the last quarter of the TCA fiscal year (August-October).
ARTICLE XVII-ELECTIONS Section 1 The nominating committee shall be the Advisory Board and shall screen and certify all candidates for election to an officer’s position, and shall make its recommendations in writing to the membership thirty (30) days prior to the Annual Meeting. Section 2 The Advisory Board will choose its slate from members in good standing of TCA, keeping in mind the equal balance concept of both people and regions. The Board of Directors may also place one (1) or more names in nomination if they so desire. Section 3 Secret ballot will be used when more than one (1) candidate’s name is submitted for an elective office. Section 4 The nominating committee shall preside over the election, count the ballots cast, and certify the winner. Section 5 Ballot by mail shall be in order whenever it is deemed by the Board of Directors to be impractical to be made in person. ARTICLE XVIII-AMENDMENTS Section 1 Proposed amendments to the Constitution shall be considered and voted upon at the annual meeting of the Association provided the full text of such amendments has been distributed at the meeting to each member in attendance sufficiently in advance of the vote to permit study of the proposed amendments and considered judgment as to their merits. An amendment shall be passed following an affirmative vote by a two-thirds majority of the members voting. ARTICLE XIX-ENACTMENT Section 1 This Constitution shall be adopted following an affirmative vote by two-thirds of the claim persons present at an organizational meeting. Upon adoption of the Constitution, this Article xix shall be inoperative. BYLAWS Firm or Organization Advertisement: For a firm, group or organization to use their membership in Texas Claims Association to use their advertisements or publicity, permission must be obtained from the President and approved by the Board of Directors. It is the intent of this paragraph to promote, whenever possible, the advertisement and image of the Texas Claims Association, but by the same token, to prevent unauthorized exploitation if such firm, group, or organization, etc., is not itself a true representative, as a whole, of the Texas Claims Association.
Amended 11-76; 10-26-78; 10-79; 10-81; and 10-86. Article XII Section 2-amended 10-87
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