CONSTITUTION OF THE TEXAS ASSOCIATION OF MUSIC SCHOOLS, INC.
FIFTH REVISION
(Adopted January 30, 2009)


ARTICLE I-NAME

The name of the corporation is Texas Association of Music Schools, Inc.

ARTICLE II-PURPOSE

It is the purpose of the Association to advance the cause of music in higher education generally and to improve the quality and program of the music education system in Texas through the promotion of cooperation among all colleges and universities and through the exercise of educational leadership. The said corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including for such purposes, the making of distributions that qualify as exempt organizations under section 501 (c) (3) of the Internal Revenue Code of 1954.

No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers , or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the above paragraph. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these activities not permitted to be carried on (a) by the corporation exempt from Federal Income Tax under section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

Upon the dissolution of the corporation the Board of Trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of all assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Trustees shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

It shall be the purpose of the Association to advance the cause of music in higher education generally and to improve the quality and program of the music educational system in Texas through the promotion of cooperation between all colleges and universities and through the exercise of educational leadership. More specifically, the purpose of the Association will be:

1. To identify by membership in the Association, music schools and departments which exhibit high quality in meeting their own stated purposes.

2. To serve the Coordinating Board, Texas Colleges and Universities System, the Association of Texas Colleges and Universities, The Texas Education Agency, the Texas Fine Arts Commission and other appropriate organizations and agencies in an advisory capacity on music matters.

3. To serve as a body through which cooperative action may be taken.

4. To provide a forum for the discussion of major issues relating to music in higher education in Texas and for the exchange of information on curriculum content in member institutions.

5. To conduct research and communicate to its members information on current developments in music in higher education in Texas.

6. To further the understanding of music's importance as an essential element in the general education of all students.

7. To serve in an advisory capacity to individual music departments without infringing on their integrity and autonomy.

8. To work toward public understanding of music education, solutions for its problems and realization of its potential.

ARTICLE III - MEMBERSHIP

A. Full membership in the Association shall be open to the music schools or departments of those colleges and universities in Texas holding membership in the Southern Association of Colleges and Schools, or the Association of Texas Colleges and Universities. Election to membership shall occur at the regular Association meetings on recommendation of the Commission on Academic Standards, acting in accordance with the rules and regulations of the Association and the classification of membership as specified in the Bylaws. Voting shall be by unit, one vote for each member institution. A vote shall be cast by the chief music executive or his representative. Any teacher in the music department of an institution which is a member of the Association shall have the privilege of attending meetings. At the discretion of the Executive Board, representatives of non-member institutions and guests may be invited to attend.

B. Out-of-State Membership shall be open to colleges and universities for the purpose of participating in the activities of TAMS. Out-of-State members shall have all privileges of membership in the Texas Association of Music Schools except voting privileges and holding an office.

C. A complimentary Sustaining Membership shall be open to Texas people who are no longer the head of a music unit, returned to full or part-time teaching, promoted to another administrative position or retired. Sustaining members shall have all privileges of membership in the Texas Association of Music Schools.

ARTICLE IV - OFFICERS, COMMISSIONS, AND COMMITTEES

The officers of the Association shall be a President, a President Elect, an Executive Director and three Directors. These officers shall be elected at the annual meeting for terms and duties specified in the Bylaws. The Executive Board shall be composed of the officers of the Association, the immediate past president, chairmen of the commissions, with the TMEA executive director and TMEA college division chair serving in ex-officio capacities. There shall be standing committees as specified in the Bylaws and special ad hoc committees as may be appointed by the President and the Executive Board. Study and operating commissions shall be established to carry out the work of the Association during interim between the annual meetings. These commissions shall work on questions of membership, standards, cooperation, research, and other special topics which may arise.

ARTICLE V - MEETINGS AND QUORUM

The Association shall hold an annual meeting at a time and place to be set by the Executive Board. The Executive Board shall be further authorized to call other meetings of the Association when it considers such meetings necessary. A representation of one third of the institutions belonging to the Association shall constitute a quorum.

ARTICLE VI - FISCAL YEAR

The fiscal year for the Texas Association of Music Schools shall be September 1 to August 31.

ARTICLE VII - FINANCE

An annual fee shall be paid by each full member institution and each sustaining member institution in the amount to be fixed by the Association on recommendation of the Executive Board, which said annual fee is due and payable prior to December 31. Any institution failing to pay its fee by the time of the convening of the annual meeting shall be denied voting privileges and is subject to termination of membership if the dues have not been paid by June 30th. The Executive Board shall employ the necessary staff and authorize the necessary expenditures within the general program and budget approved by the Association.

ARTICLE VIII - THE BYLAWS

The Bylaws shall be authorized and shall contain the specific operating responsibilities of the Association.

ARTICLE IX - AMENDMENTS

The Constitution of the Association may be amended by a two-thirds vote of the institutional representatives present at any annual meeting. The Bylaws may be amended by a simple majority of those present at the annual meeting.

BYLAWS OF The Texas Association of Music Schools, Inc.
SIXTH REVISION
(Adopted January 29, 2010)


ARTICLE I - AUTHORITY

Under the authority of the Constitution of the Texas Association of Music Schools, Inc. these Bylaws are authorized as the rules of operation of the Association.

ARTICLE II - MEMBERSHIP

Section 1.

A. Any school or department of music in Texas institutions holding membership in the Association of Texas colleges and Universities or the Southern Association of Colleges and Schools may apply for membership in the Association. Colleges and universities are elected to membership at the annual meeting of the Association upon nomination by the Commission on Academic Standards.

B. A Texas music unit of a college or university must be a member of the Texas Association of Music Schools to participate in the activities of TAMS.

Section 2.

For proper cause, other than non-payment of dues, a member school may be suspended or membership may be terminated by a two-thirds vote of members present at the annual meeting, but such member school shall be notified of any proposed action, with the reasons thereof, at least four weeks in advance of the annual meeting and shall be given a hearing if such is requested.

ARTICLE III - ORGANIZATION

Section 1.

The newly elected officers of the Association shall assume their duties and terms of office upon the adjournment of the annual meeting.

A. President

The president is elected by majority vote of the active members at the annual meeting of the Association and serves for a term of two years and may be reelected at the discretion of the membership.

The President has the following responsibilities:

a. Presides at the meetings of the Association

b. Chairs the Executive Board

c. Represents the Association in the musical affairs of the State

d. Appoints the personnel of the commissions and committees and is an ex-officio member of each

e. Serve on the Scholarship Committee for the duration of his/her term

B. President Elect

The President Elect serves for a term of two years and then assumes the office of President.

The President Elect has the following responsibilities:

a. Arranges the program for the annual meeting in consultation with the President and the Executive Board

b. Presides over the organization in the absence of the President and at meetings where assigned by the President

c. Serve on the Scholarship Committee for the duration of his/her term

C. The Past President

The immediate Past President shall serve as a member of the Executive Board for two years following the term as president and shall have the following responsibilities:

a. Preside over the organization in absence of both President and President Elect

b. Assist the President through consultation or duties requested by the President

c. Serve as chair of the Nominating Committee

d. Serve as chair of the Past President's Council

e. Serve on the Scholarship Committee for the duration of his/her term

D. The Executive Director

The Executive Director serves for a term of four years and may be reelected at the discretion of the membership at the annual meeting.

The Executive Director assumes full responsibility for the operation of the office of the Association and is the principal staff officer. Some of the specific duties include the following:

a. Provides staff work and services required by the Commissions and Committees to carry out the program of the Association

b. Keeps records of all proceedings and makes a full report to the membership

c. Has accurate records of the business of the Association and accounts of the receipts and expenditures of all monies

d. Holds the funds of the Association in a bank and disburses these funds

E. The Directors

The three directors will provide representation on the Executive Board for the three major segments of higher education in Texas:

1. State-supported four-year colleges and universities

2. Private four-year colleges and universities

3. Two-year colleges

One director will be elected from each of these three segments. The term of office shall be three years each, one director to be elected each year. Each director will be a member of the scholarship committee for the duration of his/her term.

Section 2. The Executive Board

The Executive Board shall be composed of the officers of the Association, namely, the President, the President Elect, the Executive Director, the Three Directors and in addition the immediate past president of the Association, the Chairmen of the Commissions, and the TMEA Executive Director and College Division Chair serving in ex-officio capacities. The Executive Board shall also be responsible for the annual meeting, fixing its time and place. It shall have the authority to call additional meetings of the Association whenever necessary. It shall recommend for the Association approval, any change in the amount of the annual dues for membership which shall be necessary for the operation of the Association's program and , in general, act for the Association when it is not in session. A report of the Executive Board actions and recommendations shall be made by the President to the Association.

Section 3. Standing Committees

A. The Ethics Committee

The Ethics Committee shall be composed of three persons appointed for three years each, one to be appointed each year. It shall be the duty of this Committee to propose from time to time such revisions in the code of Ethics of the Association as may be deemed advisable. It shall work with the Executive Committee to insure that the adopted Code of Ethics is practiced so that uniformity and mutual understanding may prevail among the member institutions. The Committee shall also be responsible for handling all reported violations of the Code of Ethics according to the procedure specified in the Code.

B. The Nominating Committee

The Nominating Committee shall be composed of three persons appointed by the President. In addition, the immediate past president of the Association will serve as an ex-officio member of this committee. The Nominating Committee will be selected to represent the three major segments of higher education in Texas.

1. State-supported four-year colleges and universities

2. Private four-year colleges and universities

3. Two-year colleges

The Nominating Committee shall serve at one annual meeting and no person shall succeed himself for an additional term on the Nominating Committee. The Nominating Committee shall nominate the Officers of the Association. The Committee shall have available to it the list of the music executives of the member institutions or their officially designated representative. Only one representative of a member school shall be eligible to serve as an officer. The Nominating Committee shall consider representation from the various elements of the Association membership. Further nominations will be invited from the floor.

C. Scholarship Committee

The Scholarship Committee will consist of the President, President-elect, immediate Past President, the Three Directors and the Executive Director as an ex-officio member.

Section 4. Commissions

The Commissions comprise the working units of the Association. They carry out their functions during the year and are composed of representatives of member institutions on an overlapping term basis to provide continuity in their concerns and assigned work. Each Commission shall be composed of a Chairman, appointed for a three-year term, and three additional members, each representing one of the three types of member institutions: state supported, private, and two-year colleges, and serving for three years each, one to be appointed each year. Each Commission may recommend to the President the creation of committees for additional study or work on a particular problem, research, institutional study or experimentation. These committees shall be approved by the Executive Board and shall function under the general administrative control of the appropriate Commission. The regular Commissions of the Association are as follows:

A. Commission on Academic Activities and Standards

The Commission on Academic Activities and Standards shall administer the institutional membership program and recommend appropriate academic units for the membership in the Association. It shall also promote a continuing evaluation of academic standards within the Association. The Commission shall have committees to foster continuous evaluation of academic standards and dissemination of information among member institutions.

B. Commission on Cooperation in Higher Education

The Commission on Cooperation in Higher Education shall be primarily responsible for working on problems of inter-college relationships between junior, senior, graduate, and professional programs, on ways of cooperating among private and public institutions and on the needs of music education in Texas. It shall have special responsibility for studying, discussing and seeking solutions of problems in music education among colleges and universities. The Commission shall serve as liaison between the Association and the Texas Association of Schools of Art and the Texas Educational Theatre Association. An Articulation Committee shall function as a standing committee under the auspices of this Commission in order to insure the periodic review and updating of the basic transfer curriculum in music recommended by the Association and established by the Coordinating Board, Texas Colleges and Universities System.

C. Commission on Music in General Education

The Commission on Music in General Education shall be primarily responsible for the development of the function of music at the college level. It shall promote a continuing evaluation of the enrichment of education through music. The Commission shall give special emphasis to interdisciplinary courses in the arts and humanities and to the community services in music which may be provided by all member institutions.

D. Commission on Research and Publication

The Commission on Research and Publication shall be primarily responsible for developing and carrying out official research projects which may be of benefit to the Association and to music in higher education in Texas. It shall be responsible for publishing its findings and shall cooperate with the other Commissions and Committees in distributing information among member institutions.

E. Should vacancies occur in standing committees and commissions, the President has the responsibility of making appointments for filling the unexpired terms and maintaining balanced representation of the three types of institutions. The Executive Board shall have the authority to fill vacancies for unexpired terms in all offices until the next meeting of the Association.

Section 5. Past President's Council

The Past President's Council will be chaired by the immediate past president (2 year term) for the purpose of initiating formal communication with all former presidents and to mentor new music executives.

ARTICLE IV - FINANCE

Each member school shall pay annual dues as established by the Association. Non-payment of dues shall terminate membership, but in such a case a member may be reinstated upon payment of arrears.

TEXAS ASSOCIATION OF MUSIC SCHOOLS CODE OF ETHICS
(Adopted March 21, 1997)

Recognizing the importance of and the desire to maintain music's integral role in the structure of higher education, we declare as our purpose the improvement of the musical and ethical standards of the Texas schools and departments of music.

BE IT RESOLVED , that the following code of ethics be adopted and practiced so that consistency and mutual understanding may prevail among the member schools.

ARTICLE I

The member school shall adhere to truthfulness and dignity in all printed materials as well as in interviews and auditions. The member schools shall not use exhibit booths or display advertising at in-state conventions, festivals, or contests such as UIL or the TMEA except as approved by majority vote of the membership present at the annual meeting. In general, member schools are discouraged from using such events as recruiting opportunities.

ARTICLE II

The member school shall not solicit students enrolled in other college or university schools or departments of music. (This does not apply to solicitation of students in their second year of study in two-year colleges.)

ARTICLE III

The member school shall adhere strictly to the published catalog requirements.

ARTICLE IV

Students transferring between member schools shall be advised and shall have their standing evaluated in a fair and equitable manner. (See THE TRANSFER CURRICULUM FOR TEXAS COLLEGES AND UNIVERSITIES as published with interpretive guidelines by TAMS, October, 1982.)

ARTICLE V

A transferring student who has not completed a degree program may apply for and be eligible to receive financial aid administered by the music unit during the first term of enrollment in the new institution only if the music executive of the school from which the student is transferring gives written approval. Two-year college transfers are exempt from this regulation after completing a two-year program of study or that portion of a parallel university curriculum offered at the two-year college.

ARTICLE VI

The membership recognizes that a student is a "free agent" until enrolled at an institution. However, the acceptance of financial aid from the music unit of an institution imposes an obligation upon a student to attend that institution. This obligation may be realized by the individual by requesting that they complete a written declaration of their intent to attend that institution.

It is recommended that the following format be incorporated in making any offer of financial aid:

"In accepting this offer of financial aid from (institution), I understand that there is a mutual commitment on the part of myself and the institution. Therefore, I understand it is my responsibility to notify (institution) if I accept any other offers prior to May 1 of the calendar year of matriculation. Further, I understand that after May 1, unless I notify (institution) otherwise, my acceptance of this offer will be binding and I will not consider any other offer from an institutional member of the Texas Association of Music Schools for the academic year _______ except with the express written consent of the music executive of the above-named institution."*

signed _________________________
dated _________________________

ARTICLE VII

Inquiry or conversation with a prospective faculty member may be made at any time. However, after May 1st an appointment offer for the forthcoming year will not be made without the prior agreement of the music executive of the institution currently employing said faculty member.

ARTICLE VIII

Members of the Association will recognize the importance of moral, ethical, and professional integrity in the conduct of their faculty.

*Adapted from the National Association of Schools of Music Code of Ethics.

PROCEDURAL RECOMMENDATIONS

1 . The term "scholarship herein refers to all classes and kinds of student financial aid administered or controlled by the music unit, and may include the following: scholarships, grants-in-aid, service awards, undergraduate and graduate assistantships and fellowships, ensemble scholarships, music activity scholarships, etc. These awards are to be made in accordance with (1) talent, (2) academic ability, and (3) financial need. The membership recognizes the institutional right and privilege to emphasize any one or all of the above in determining recipients of financial aid.

2 . Awards are to be made only after due application and an audition by the applicant on the campus. Tape recording may be accepted in lieu of a live audition only if (1) the travel for audition is excessive, or (2) the applicant cannot appear at the stated audition time due to conflicts in schedule such as contest participation, other audition, etc. and (3) the tape audition is documented by a comprehensive written application.

3 . Each member school shall maintain a departmental or school "scholarship" committee that controls all undergraduate financial aid administered by the music unit. If this procedure is not possible because of local administrative organization or edict, the member school shall furnish justification satisfactory to the Ethics Committee. For example, the membership recognizes the institution's right to offer scholarships (based on pure academic record) by one committee in addition to scholarships awarded by the departmental or school music committee.

4 . The membership condemns advertising of scholarship opportunities holding auditions or offering scholarships at district, regional, and state meetings including any music contest or festival. However, the membership recognizes that in cases of scheduling difficulties, auditions in one area of performance may be held concurrently with a contest or festival in another area of performance. The applicable criterion is that students on campus for a music contest or festival may not audition for a scholarship.

5 . A. Traveling representatives of music units may meet prospective students and hear them perform. In such cases, however, a formal audition procedure is still required (personal audition on campus or tape submitted by the student to a scholarship committee as described in Procedural Recommendation numbers Two and Three.)

B. The membership deems unethical the making of "on the spot" offers of scholarships.

C. The membership deems unethical the practices of bargaining with students, offering to match or exceed other scholarship offers, or giving promises of special consideration.

6. The procedure for reporting Code of Ethics violations shall be as follows:

A. A detailed written report of the violation must be made to the chairperson of the Ethics committee.

B. The chairperson or a member of the committee will then contact the music executive of the department or school alleged to have committed the violation and others necessary to the incident and determine the validity of the report.

C. If in the opinion of the Ethics Committee chairperson the report is valid, he/she informs the other members of the committee.

D. If the Ethics Committee agrees to the validity of the report and it is a first violation, the chairperson informs the offending member of the findings by letter and requests a written reply describing actions to be taken to correct the violation.

E. If in the opinion of the Ethics Committee the violation is a repetition of previous violations, the chairperson may, if deemed advisable, recommend to the President of TAMS that he/she draft a letter to be sent to the President of the offending institution asking administrative sanction and help in correcting the offense.

F. It is to be emphasized that in all cases of violations, the offending school's music executive will be given full opportunity to correct the violation before the matter is considered by any body of TAMS other than the Ethics Committee. It is the edict of the membership that the Ethics Committee serve as a "watch dog" and clearing house for investigating matters concerning alleged unethical conduct on the part of member schools. Any further action must be initiated by the Executive Committee of the Association.