They are necessary. Your nonprofit does not need to file bylaws with the Texas Secretary of State, but they are required to obtain tax-exempt status with the IRS.
The Texas Business Organizations Code requires a nonprofit corporation to have at least three directors, one president, and one secretary. The same person cannot be both the president and secretary. Officers and directors must be natural persons, but may be known by other titles.
501(c)(3), (4), (8), (10) or (19) organizations are exempt from Texas franchise tax and sales tax. A federal tax exemption only applies to the specific organization to which it is granted.
To receive a 501(c)(3) tax exemption, federal requirements stipulate that all members of your board of directors be unrelated. Texas requires only two officers appointed for every nonprofit: a president and a secretary. You may add other officers as preferred or needed while establishing your nonprofit.
Every state exempts some or all of the properties owned by charitable nonprofits from property taxes. However, despite a lack of legal authority to do so, some municipalities attempt to impose discriminatory taxes or fees on nonprofits, or demand so-called “voluntary” payments in lieu of taxes (PILOTs).
Property tax exemptions are one of the most meaningful and simple ways to reduce property taxes. The Texas legislature has provided numerous property tax exemptions for Texas taxpayers. Exemptions for homestead, over 65 homestead, disabled homestead and disabled veteran are just the start.
Property Tax Exemption for Organizations Primarily Engaged in Charitable Activities. Property tax in Texas is a locally assessed and locally administered tax. There is no state property tax. An organization engaged primarily in charitable activities may be eligible for a local property tax exemption.
They are necessary. Your nonprofit does not need to file bylaws with the Texas Secretary of State, but they are required to obtain tax-exempt status with the IRS.
Texas does require bylaws for all nonprofit corporations that must be adopted at the first organizational meeting of the organization's board of directors.
Corporations are legally required to adopt bylaws in Texas – Section 21.057 of the Texas Business Organizations Code states that the board of directors of a corporation shall adopt initial bylaws. So, if your company gets caught in a legal battle without bylaws, you could face some serious legal consequences.