Texas does require bylaws for all nonprofit corporations that must be adopted at the first organizational meeting of the organization's board of directors. However, the Texas Secretary of State doesn't require nonprofits to file their bylaws with the state.
Your bylaws should help you resolve internal conflict, and demonstrate your commitment to responsibly managing donations to both the IRS and the general public. Not all states require nonprofits to draft these governing documents, but Texas does.
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.
Bylaws cover a range of topics, including finances, voting, appointing officers and directors, and even what happens if the company needs to close. While you won't need to file your corporate bylaws with the Secretary of State—unlike the Texas Certificate of Formation—every Texas corporation is required to have bylaws.
How to Write Nonprofit Bylaws in 7 Simple Steps Decide Whose Responsibility it is. Research Bylaw Requirements for Your Type of Nonprofit. Create a First Draft. Review Your Draft Internally. Manage the Scope of What's Included. Get a Professional Opinion. Review Review Review! ... Are nonprofit bylaws public record?
Your bylaws are not an employee handbook or policy manual designed to run the day-to-day operations of your nonprofit organization. For example, employee absences, vacation policies, and no-smoking policies have no place in an organization's bylaws.
Corporate bylaws are legally required in Texas. Don't mess with Texas—skipping this step could have serious consequences.