Mission
TMC increases market share for the masonry industry through focused programs. All of our efforts increase value for all stakeholders, including more profits for business owners, more benefits and opportunities for employees and more value for customers.
TMC seeks favorable state legislation in cooperation with others to achieve these ends. TMC in partnership with local chapters ensures that an adequate number of well-trained craftspeople and leaders are developed and maintained to support the market share TMC creates.
Vision
TMC will be a positive, professional, and financially-sound organization effectively bringing many diverse people together to protect and strengthen the masonry industry, making masonry the dominant building material in Texas. All the stakeholders in the Texas masonry industry will be actively involved in the association, an invaluable key to their success.
Who is the Texas Masonry Council?
The Texas Masonry Council is a group of masonry contractors and suppliers in the state of Texas working together to promote the expanded use and the benefits of masonry. Architects and students in the state of Texas who are involved in strengthening and growing the masonry industry may also be members of the association.
Who should become a member of Texas Masonry Council?
Any masonry contractor or supplier doing business in the state of Texas would benefit from becoming a member of this association. Likewise, any architect doing business in the state of Texas, or any student interested in becoming an integral part of the masonry industry should consider membership to TMC. All members see the benefit of TMC’s efforts…now is the time to step up and contribute to the protection of your market share and your future. See below for some of the benefits of becoming a TMC Member.
Annual Texas Masonry Council Activities
Once a year, masonry suppliers, masonry contractors, architects and vendors from across the state gather to learn, network and celebrate. The convention is always a time to look at the past year’s activity, where the industry is going, and to preview the year ahead.
How do I join?
Click on Member Application under the About Menu to download the membership PDF.
At-large Membership
If there is not a local chapter in your area, you can still be a member of the Texas Masonry Council as an at-large member. We realize some areas may be too far away geographically to be able to enjoy the benefits of local membership. Your participation in the state association allows you to participate in all statewide pro-masonry efforts, and will keep you in touch with your industry. Join us in our statewide efforts to promote the continued use of masonry in the state of Texas!
Values
The leaders and members of TMC aspire to these values at all times:
- We accept responsibility for our profession and our industry.
- We deliver maximum value for each construction dollar spent.
- We strive for high professional standards that preserve pride in our craft and dignity for our craftspeople.
- We support fair competition for all stakeholders.
- We encourage respect between customers, contractors, and suppliers.
- As an organization we respect local associations and seek their involvement.
- As an organization we are innovative, creative, and trustworthy.
BYLAWS
Associated Masonry Contractors of Texas
DBA Texas Masonry Council
PREAMBLE
That we, the undersigned subscribers hereto, citizens and residents of the United States of America engaged in the Masonry Construction Industry, and being desirous of associating ourselves together, in order to promote and encourage greater cooperation among all members, to promote the general welfare of all, to protect and advance our industry, to promote and encourage a better understanding, friendship and closer relationship among ourselves, to encourage and aid in the education of our membership, thereby creating greater effectiveness in the Industry, do now adopt, declare and establish these Bylaws for our said organization and as declaratory of its purpose.
CONSTITUTION AND BYLAWS
These Bylaws were last amended and restated on: March 2, 2011.
ARTICLE I
NAME
Section 1.01. Name. The name of this Organization shall be “Associated Masonry Contractors of Texas.”
Section 1.02. Not-for-Profit. This Organization is not organized for pecuniary profit and shall not declare dividends.
Section 1.03. Dissolution. Upon dissolution of the Organization, any unexpected funds on hand at the time shall be returned to the members in the proportion contributed by them but not in excess of the amount contributed by any such member during the
last year of the existence of the Organization. The balance, if any, shall be distributed to charitable organizations to be selected by the Board of Directors of the Organization.
Section 1.04. DBA. The business of the Organization shall be conducted under the name Texas Masonry Council.
ARTICLE II
OBJECTS AND PURPOSES
Section 2.01. The objects and purposes of this Organization are as follows:
1. To promote and encourage greater cooperation among members, by aiding and
encouraging more friendly relationships between the members of this Organization,
their employees and their organizations.
2. To promote the general welfare of its members by the collection and distribution
of reliable and useful information to its members, thus affording and providing means
for the intelligent consideration and action in matters pertaining to employees, to
facilitate and improve the methods of handling material necessary in our industry and
to provide the best and most satisfactory methods for the submission of an execution
of building contracts to the end that the masonry industry be surrounded by proper
safeguards for the protection of life, limb and property.
3. To promote and encourage efficiency in the art of masonry construction, and to
generally encourage and aid in the education of trainees in the industry, and to
generally encourage the movement to build with all masonry materials.
4. To promote and encourage the principles of justice and equity in all dealings
between employers and employees, co-employers and co-employees, architects,
engineers, material dealers, manufacturers and the general public.
5. To promote, encourage and advocate needed and helpful legislation for the
masonry industry, for the general good of all.
6. To counsel, advise, encourage and secure honorable dealings in the performance
and execution of contracts with each other, with employees, with the members of
other trades, and with those engaged in the erection and construction of buildings.
7. To promote and encourage the formulation, adoption and establishment of such
customs of business as will be just, equitable and honorable.
8. To assist in the uplift and elevation of the standards of the masonry trade, and to
encourage members and their employees to a better standard of life and living.
9. To cooperate in every honorable and legal way with organizations and associations
in allied lines, and with individuals, firms and corporations in different lines of
business for the general good of our industry.
10. To secure and aid in the correction and reformation of any wrongs affecting the
general interests of the building industry.
11. To encourage the obedience to the spirit and letter of all laws and ordinances
made by the Federal, State and Municipal governments for the regulation, control and
conducting of business activities.
12. To make absolutely certain that no action be taken by this Organization or the
members hereof which in any form or manner would or might be construed as a
participation in or encouragement of any illegal arrangements or combination for the
control of labor, or the restriction thereof, or any arrangements or combination for
the fixing of prices or the restriction of competition.
ARTICLE III
MEMBERSHIP
Section 3.01. Individual Membership. Any individual, firm or corporation regularly
engaged in and primarily interested in the promotion of the Masonry Contracting
Industry, shall be eligible for membership in this Organization. It shall be the primary
duty of the individual member to encourage the organization of Masonry Contractors
and masonry product suppliers and manufacturers in his jurisdiction. Individual
members include Masonry Contractors and masonry product and masonry related
product manufacturers and distributors. Masonry shall be defined as brick, stone,
terra cotta, tile, synthetic stone or concrete masonry units bonded together with
mortar. An individual membership entitles its individual, firm or corporation to one
vote in all matters requiring a vote of the Organization.
Section 3.02. Affiliate/Educational Member. Any architect, engineer, teacher, trainer,
student or trainee with an interest in this Organization. An affiliate/educational
member will not have voting privileges.
Section 3.03. Membership Application. Any eligible individual, firm or corporation
shall make application for membership in writing upon forms prescribed by the
Organization. All applications shall be submitted to the Membership Committee who
shall have full authority to approve or disapprove such applications.
Section 3.04. Seal. The seal of this Organization shall be a circular metal disc, around
the outer margin of which shall be the words “Associated Masonry Contractors of
Texas,” and across the center thereof the word “Seal,” so mounted that same may be
used to impress said words in raised letters upon paper.
Section 3.05. Revocation of Membership. Membership shall be revoked by resignation
or for nonpayment of dues. The revocation of a membership or the expulsion of a
member, other than for nonpayment of dues, shall require a hearing before the Board
of Directors, of which due notice of the time and place of such hearing shall be given
the offending member. The action of the Board of Directors shall be final. If a
membership is revoked for nonpayment of dues, the individual, firm or corporation
may re-apply for membership after all debts to the Organization have been satisfied.
Section 3.06. Membership Rosters. On or before the first day of the fiscal year of the
Organization each membership committee chairman shall file with the Board of
Directors a complete roster of its membership.
Section 3.07. Honorary Membership. An Honorary Member is defined as any person
who has been a member of the Organization and active in the masonry contracting
business for at least ten (10) years and has retired from active business. An honorary
member shall not be eligible to hold office, have voting privileges or be required to
pay dues. This class of membership is to be conferred in the sole discretion of the
Board of Directors.
ARTICLE IV
REPRESENTATION
Section 4.01. Every member having an individual membership that pays dues into the
Organization and is not in arrears shall be considered for voting privileges in any
election held by the members of the Organization on the following basis: Each
member in good standing shall have one (1) vote for each member firm. All votes
must be cast in person or by written proxy.
ARTICLE V
OFFICERS
Section 5.01. The Officers of this Organization shall consist of a President, 1st Vice-
President, 2nd Vice-President, and Secretary-Treasurer. All shall serve one year each
or until their successors have been duly elected and qualified. All officers of the
Organization shall be members in good standing.
ARTICLE VI
PRESIDENT
Section 6.01. The President shall preside at all meetings of the Organization; appoint
all committees unless otherwise provided; approve all bills before payment, and
attend to all other matters usually incumbent upon such officer. The President shall
also be a Chairman of the Board of Directors as well as a member thereof.
ARTICLE VII
VICE-PRESIDENTS
Section 7.01. It shall be the duty of the Vice-President to preside at all meetings in
the absence of the President. The Vice-President shall be a member of the Board of
Directors.
Section 7.02. If, for any reason, a vacancy exists in the office of the President, then
the First Vice-President, or the Second Vice-President upon the failure of the First
Vice-President to serve, shall assume the office of the President until the next Annual
meeting of this Organization.
ARTICLE VIII
SECRETARY-TREASURER
Section 8.01. The Secretary-Treasurer in conjunction with the Executive Director and
the Chairman of the Finance Committee shall cause a full and accurate record of all
receipts and disbursements of money to be kept by a bookkeeper or a certified public
accountant and shall make a full and complete statement of the financial standing of
the Organization at the Annual Meeting, or at such times as the Board of Directors
may require. His accounts may be reviewed or audited at the fiscal year end by a
certified public accountant appointed by the Board of Directors.
Section 8.02. At the expiration of his term of office he shall transfer to his successor
in office all funds, books, papers, and other property of the Organization which he
may have in his possession.
Section 8.03. The Secretary-Treasurer shall keep minutes of the Annual Meeting, and
all regular and special meetings of the Board of Directors.
ARTICLE IX
EXECUTIVE DIRECTOR
Section 9.01. The Board of Directors may appoint an Executive Director. The
Executive Director shall keep a full and accurate account of all meetings of the
Organization and of all meetings of the various committees of the Organization. The
Executive Director shall collect all money due the Organization and immediately
deposit the funds received into the Organization’s bank account. The Executive
Director shall keep accounts of the Organization, take charge of all the books, papers
and other documents belonging to the Organization as authorized by the Board of
Directors. The Executive Director is charged with facilitating the fulfillment of the
general duties and purposes of the Organization as approved by the Board of
Directors, facilitating communication between the Executive Committee, Board of
Directors and the committees and allocating staff resources for implementing the
purposes and objectives of the Organization. This person shall conduct all the
correspondence of the Organization and shall perform such other duties as may be
assigned to him by the President and Board of Directors. In the absence of the
Executive Director from any meeting, the Secretary-Treasurer shall act in his stead.
The Board of Directors may increase or decrease the Executive Director’s
responsibilities.
ARTICLE X
INSURANCE
Section 10.01. All officers, board members and paid employees as designated by the
Board of Directors shall be covered by general liability insurance in an amount
specified by the board. All officers, board members and Executive Director shall be
covered by separate directors and officers liability policy in an amount specified by
the Board. The Secretary-Treasurer in conjunction with the Executive Director shall
timely present solicited quotations to the Board of Directors each year and shall cause
such insurance to be in effect at all times.
ARTICLE XI
BOARD OF DIRECTORS
Section 11.01. The Board of Directors of this Organization shall consist of its
President, Vice-Presidents, Secretary-Treasurer, and eight other members in good
standing totaling exactly twelve directors, and upon this Board the duties of carrying
on the business affairs of this Organization shall rest during the interim between the
Annual Meetings; and the Board shall be required to do any and everything necessary
to carry on the work contemplated by this Organization
The Directors will represent each Industry Segment in direct proportion to the total of
the funds collected for each Industry Segment in the immediate fiscal year.
The Industry Segments shall be defined as 1) masonry contractors/masonry products
and equipment manufacturers and suppliers 2) local masonry contractor associations
3) brick manufacturers 4) natural stone manufacturers 5) synthetic and cast stone
manufacturers 6) concrete masonry manufacturers and 7) cement and lime
manufacturers. For the fiscal year 2010-2011, the total funds collected by Industry
Segment will be tallied by April 1, 2011 and for all subsequent years by June 1st.
Funding includes dues and voluntary contributions from members, local masonry
contractor associations and related industry associations. The Secretary-Treasurer
and the Chairman of the Finance Committee will be responsible for accounting and
presentation of the results. Once tallied, the contribution percentage breakdown will
be immediately communicated to all board members (electronic mail is acceptable)
and the Board will decide upon the new Board of Director positions for the upcoming
year consistent with the contribution percentage breakdown. The new Board shall be
installed by a formal vote of the current Board of Directors. It is acknowledged that
an industry segment can be represented on the Board by a Director who is not
engaged in that particular Industry Segment if approved by the current Board of
Directors and if the individual is a member in good standing. All contribution
percentages that are fractions of a percentage point will be rounded to the closest
full percentage point with a .5 being round upward to 1, it being understood that the
full tally of all industry segment contribution percentages shall equal 100%. If an
industry segment or multiple industry segments have contributions that do not justify,
through calculation, a board member position, they will be combined and the
corresponding board member position(s) shall be appointed from one of those industry
segments; it being explicitly understood that no one industry segment, no matter the
contribution amount, shall have more than six board positions. This will occur by May
1st for fiscal year 2010-2011 and by the date of the Annual Meeting thereafter. The
immediate past President will automatically be a Director for one year subsequent to
his term and will represent his corresponding industry segment.
The President of this Organization shall be Chairman of this Board, and he may call
such meetings at such times and places as in his judgment is proper. A quorum shall
be constituted by a simple majority of the members of the Board of Directors. Each
director shall have one vote. The President will announce the new fiscal year’s Board
of Directors at the Annual Meeting of the members of this Organization.
Section 11.02. It is incumbent upon the Board of Directors to fill any vacancies upon
this Board should one occur during the term office. Should any one of the Board of
Directors regularly fail to attend meetings, the Board reserves the right to declare his
Board seat vacant. A duly authorized successor shall be appointed by the Board of
Directors to fill the vacancy from the appropriate industry segment.
Section 11.03. Should the need for an Arbitration Board be required, the President of
the Organization is hereby empowered to appoint three (3) members in good standing
in the Organization from the area where the dispute has arisen, but not parties to it.
These three members will then constitute the duly appointed Arbitration Board and
will meet to assist in resolving the dispute that has arisen. The Arbitration Board will
elect its own Chairperson.
Section 11.04. The President, with the approval of the Board of Directors, shall
appoint all Committee Chairpersons and Committee members. The standing
committees of the Organization shall be Marketing, Finance, Membership, Legislative,
Convention, Editorial and Officer Nominating. The President shall be the Chairperson
of the Executive Committee and Board of Directors. Only Board of Directors approval
can change these committees.
Section 11.05. All appointed Committees shall hold hearings, and the result of such
hearings shall be submitted with their recommendations to the respective standing
committee for final approval or rejection. Only the standing committees may bind or
contract this Organization as long as the purpose is approved by the Executive
Committee.
Section 11.06. Additional Committees. The Board of Directors shall have the power to
designate such committees in addition to those herein set forth as they deem
necessary to protect and further interests, purposes and objectives of the
Organization and its members. Chairpersons and Members of such Committees, shall
be appointed by the President, with approval of the Board.
ARTICLE XII
EXECUTIVE COMMITTEE
Section 12.01. The Executive Committee shall consist of five (5) voting members,
being the officers of the Organization and the Immediate Past President of the
Organization, and one (1) non-voting member, being the Executive Director of the
Organization. All officers shall serve on the Executive Committee for the duration of
their term. The Executive Committee shall evaluate the progress of the fulfillment of
the general duties and purposes of the Organization as approved by the Board of
Directors and allocate resources for implementation of these duties and purposes,
propose the annual budget for the Organization, conduct meetings and allocate
resources. The Executive Committee cannot change the objects, purposes or Bylaws
without Board of Directors approval. The Committee must meet at least two (2) more
times than the required two (2) Board of Directors meetings. Each voting member of
the Executive Committee shall have one vote on matters. Proxy voting is not
permitted on the Executive Committee; however, members may designate alternates
to attend meetings in their absence, by notifying the Chair of such designation in
advance of such meetings, but such alternates shall have no right to vote. A majority
of the voting members of the Executive Committee shall constitute a quorum for the
conduct of business.
ARTICLE XIII
ELECTION OF OFFICERS
Section 13.01. At the Annual Meeting of the members of this Organization, all officers
will be elected by a majority of the members voting for the ensuing year. The fiscal
year will begin September 1 and terminate August 31.
Section 13.02. The Annual Meeting of the members of this Organization will be held at
such times as the Board of Directors shall designate. Notice of such Annual Meeting
shall be given by the Executive Director or Secretary-Treasurer to each member of
this Organization by written notice (electronic mail is acceptable) at least thirty (30)
days prior to the time for said meeting.
Section 13.03. Vacancy. In the event any office becomes vacant, the vacancy may be
filled in the following manner: The Board of Directors shall nominate a person or
persons to fill the vacant office from the appropriate industry segment. The
nominated person(s) name(s) shall be communicated to the Board of Directors who
shall have an opportunity to nominate and vote on the candidates. The Board shall
determine the specific procedures to be followed for nominations and voting.
ARTICLE XIV
DUES
Section 14.01. The dues for membership in the Organization shall be established by
majority vote of the Board of Directors.
Section 14.03. Separation for Nonpayment. In the event the dues of a Member are not
paid before the expiration of one hundred twenty (120) days after due date, such
member shall be deemed delinquent and shall be notified by the Executive Director to
that effect. If, after such notice, the member shall neglect or refuse to pay within
thirty (30) days from date thereof, such omission shall constitute a suspension of all
rights and privileges and the member shall be dropped from membership.
ARTICLE XV
ORDER OF BUSINESS
Section 15.01. The order of business at the Annual Meeting of the members of this
Organization shall be set by President or Board of Directors and an agenda made
available to each member before the meeting.
ARTICLE XVI
NOMINATING COMMITTEE
Section 16.01. The President shall appoint a Nominating Committee of three (3),
subject to the approval of the Board of Directors. The Nominating Committee shall
then draw up and present a slate of nominees for the elective offices at the Annual
Meeting. The names of all nominees shall then be sent (electronic mail is acceptable)
to each member at least thirty (30) days prior to the date of the Annual Meeting.
Further nominations may be made from the floor at the Annual Meeting.
ARTICLE XVII
AMENDMENTS TO BYLAWS
Section 17.01. These Bylaws may be amended after approval by the Board of
Directors, by a two-thirds vote of the members voting. Any proposed amendment shall
be submitted to the Secretary-Treasurer in writing, and the Secretary-Treasurer shall
send a copy thereof to every member notifying them that such amendment will be
voted upon. Voting on any such amendment can be done in person at the Annual
Meeting or by electronic mail ballot with a thirty (30) day notice.
ARTICLE XVIII
RULES OF ORDER
Section 18.01. Robert’s Rules of Order shall be the parliamentary authority for all
matters of procedure not specifically covered by the Constitution and Bylaws of of the
Organization.
ARTICLE XIX
OFFICE OF THE ORGANIZATION
Section 19.01. The principal books, accounts and corporate records shall be held in
the offices of the Organization, which shall be located at such place as may be
decided by the Board of Directors.
ARTICLE XX
BANK ACCOUNTS AND SIGNATURES
Section 20.01. The signatures of the President, Secretary-Treasurer, and Executive
Director shall be on record at the bank designated by the Board of Directors; and two
out of the three signatures must appear on each check (with exception to recurring
payroll approved by the Board of Directors) preferably that of the Executive Director
signing if either of the other two is unable to sign.
Section 20.02. Recurring payroll account checks (approved by the Board of Directors)
may be signed by any one of the following: President, Secretary-Treasurer, or
Executive Director. In the event that independent payroll services are utilized for
recurring payroll (approved by the Board of Directors) the transaction(s) must be
approved by the President, Secretary-Treasurer or Executive Director. The payroll
account should be limited to the amount of not more than two (2) months’ payroll and
to be replenished from the General Account as required.
Section 20.03. The signatures of the President, Secretary-Treasurer and Executive
Director shall be on record at the bank designated by the Board of Directors for the
payroll account.
ARTICLE XXI
CAPTIONS AND GENDER
The captions to the various sections and subsections of this agreement have been
inserted for convenience only and shall not limit or affect any of the term hereof,
The use of nouns and pronouns shall be construed to denote either gender.
ARTICLE XXII
ORGANIZATION BYLAW PROVISIONS FOR ANTITRUST COMPLIANCE
Section 22.01. POLICY
It is the undeviating policy of the Organization to comply strictly with the letter and
spirit of all federal, state, and applicable international trade regulations and antitrust
laws. Any activities of the Organization or Organization-related actions of its staff,
officers, directors, or members which violate these regulations and laws are
detrimental to the interests of the Organization and are unequivocally contrary to
Organization policy.
Section 22.02. IMPLEMENTATION
Implementation of the antitrust compliance policy of the Organization shall include,
but shall not be limited to, the following:
A. Organization Membership, Board of Directors, Executive Committee, and other
Committee meetings shall be conducted pursuant to agendas; reasonable revisions to
the agenda may be made as the Board sees fit; discussions shall be limited to agenda
items; there shall be no substantive discussions of Organization matters other than at
official meetings; minutes shall be distributed to attendees promptly.
B. All Organization activities or discussions shall be avoided which might be construed
as tending to: (1) raise, lower or stabilize prices; (2) regulate production; (3) allocate
markets; (4) encourage boycotts; (5) foster unfair trade practices; (6) assist in
monopolization; or in any way violate federal, state or applicable international trade
regulations and antitrust laws.
C. No officer, director, or member of the Organization shall make any representation
in public or in private, orally or in writing, which states, or appears to state, an
official policy or position of the Organization without specific authorization to do so.
D. Members, officers, directors, or employees who participate in conduct which the
Board of Directors, by a two-thirds majority vote, determines to be contrary to the
Organization’s antitrust compliance policy shall be subject to disciplinary measures up
to, and including, termination.The original
Bylaws were approved July 1996 and two amendments approved February 9, 1998. Updated with two amendments approved October 22, 1999. Updated with several amendments and an addition, approved September 30, 2000. These Bylaws were last amended and restated on: March 2, 2011.
