BYLAWS OF THE  

CEDAR PARK MIDDLE SCHOOL ATHLETIC BOOSTER CLUB  


The following are the Bylaws of the Cedar Park Middle School Athletic Booster Club, a non-profit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code.

Article I: Name  

The name of this organization is the Cedar Park Middle School Athletic Booster Club. (Hereinafter referred to as “organization” or “Booster Club”. This organization supports all student athletes’ participating in boys and girls sports (basketball, cross country, football, soccer, track & field, and volleyball) and pre-athletics classes at Cedar Park Middle School.

Article II: Purpose and Structure 

The Booster Club is organized and operated for charitable and educational purposes as defined in Section 501(c)(3) of the Internal Revenue Code. The purpose of the organization shall be to support the boys and girls athletic programs at Cedar Park Middle School, and promote excellence, pride, and good sportsmanship amongst the student body and community. The organization shall encourage parent, guardian and community involvement and strive to ensure that opportunities continue to be available to the students of CPMS.

The Booster Club shall be self-governing, self-supporting, non-commercial, non sectarian, nonprofit and nonpartisan, and shall seek neither to direct the administrative activities of the Leander Independent School District nor to control its policies.

No part of the net earnings of the Booster Club shall inure to the benefit of, or be distributable to, its members, trustees, officers, or other private persons, except that reasonable compensation may be paid for services rendered to or for the organization affecting one or more of its purposes. No member, officer, or private individual shall be entitled to share in the distribution of any of the assets on the dissolution of the Booster Club. No substantial part of the activities of the Booster Club shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Booster Club shall not participate in, or intervene in (including the publication of statements) any political campaign on behalf of any candidate for public office.

The Booster Club shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue code and regulations as they now exist or as they are amended.

The Booster Club shall observe the following regulations: Leander ISD Booster Club Guidelines, University Interscholastic League Booster Club Guidelines and all local, state, and federal laws which apply to nonprofit organizations.

Upon dissolution of this organization, assets shall be distributed exclusively to charitable organizations which would then qualify under the provisions of Section 501(c)(3) of the Internal Revenue Code and its Regulations as they now exist or as they may be amended. 

The Booster Club is organized pursuant to the Texas Nonprofit Corporation Act and does not contemplate pecuniary gain or profit and is organized for nonprofit purposes which are consistent with the provisions of Section 501(c)(3) of the Internal Revenue Code and its Regulations as they now exist or as they may be hereafter amended. 

Article III: Membership 

Membership: Membership in this organization is open to any person who is a parent/guardian of a child or children who participate in the Cedar Park Middle School Athletics program (including pre-athletics), and who will uphold the policies of this organization and agree to its Bylaws. A maximum of one membership shall be granted to each family unit. Community members may opt to become a sponsor of the organization which will grant them membership without general membership voting rights.

Rights and Responsibilities: The members shall have the right and responsibility to attend meetings and events sponsored by the organization, serve on committees and be nominated and elected to office. Voting members shall have the right to vote for the officers, review and approve the annual budget and approve amendments to these Bylaws. 

Quorum: The members present at any membership meeting of the organization, provided at least 10 members are present, shall constitute a quorum for the transaction of general business. In the absence of a quorum, the members may not take action. In that event, any matter brought before the membership, at the meeting at which a quorum is not present, shall be discussed and decided by the Executive Board. 

Membership Meetings: General meetings shall be held at least two times a year. Time and date established by the executive board. The election meeting shall be held in April. Such additional business or special meetings may be held alone or in conjunction with an event sponsored by the organization as is determined by the Executive Board or at the request of twenty (20) or more members in writing to the Executive Board. 

Article IV: Executive Board 

Qualification: The Executive Board shall consist of the officers listed below. Any member in good standing is eligible to serve on the Executive Board. 

Authority: The affairs, activities, and operation of the organization shall be managed by the Executive Board. The Executive Board shall transact necessary business during the intervals between the meetings of the membership and such other business as may be referred to it by the membership or these Bylaws. It may create Standing and Special Committees, approve the plans and work of standing and special committees, prepare and submit a budget to the membership for approval, and, in general, conduct the business and activities of the organization. 

Compensation: No officer shall receive compensation for any service he or she may render to the organization. Board members may be reimbursed for actual expenses incurred in the performance of their duties. 

Officers: Officers shall be elected at the April general business meeting and will take office July 1st, excluding the Parliamentarian who will be appointed by the incoming Executive Board. The Nominating Committee will name a slate of officers and the floor will also be open for nominations. The officers will be elected by a simple majority of the membership present. Vacancies of offices of unexpired terms shall be filled by appointment by a majority of the remaining officers. The officers and their respective duties are as follows: 

  • President - Direct affairs of CPMS Athletic Booster Club in accordance with governing rules and guidelines; provide leadership to volunteers, coordinate activities on campus with the Athletic Coordinators; preside at meetings. The president is one of the authorized check signers.

  • Vice Presidents (Boys VP and Girls VP) - Support and backfill the President as needed, recruit committee chairs and volunteers, provide guidance and oversight for the committees assigned to each VP; manage activities in their area and report back to the board as needed.

  • Secretary - Record minutes, keep records current, maintain correspondence.

  • Treasurer - Manage and maintain the budget, process revenues and expenses and ensure money management protocols are followed, present a current financial report to the executive committee within thirty days of the previous quarter end or as requested by the Executive Board, file annual IRS form 990 in a timely manner, submit records to the audit committee at the end of the fiscal year, file sales tax reports as required by the comptroller’s office, and produce financial reports and maintain financial records. The treasurer is one of the authorized check signers.

  • Fundraising - Develop and oversee fundraising events to help raise money throughout the year. The fundraising officer is one of the authorized check signers.

  • Parliamentarian - The parliamentarian shall advise the chair, executive board and members on questions of parliamentary procedure and bylaws; and vote only when the vote is by ballot.

  • Boys and Girls Athletic Directors - The CPMS Boys Athletic Director and CPMS Girls Athletic Director shall also serve as advisory, but non-voting, members of the board.

Term: Elected officers and appointed committee chairs shall serve a term of one (1) year or until a successor has been duly elected or appointed. Officers may be elected for up to two consecutive terms in the same office. No one may hold dual offices. 

Reasons to Remove: By a 2 ⁄ 3 vote of executive board an office or chairman may be removed from office for failure to perform duties, criminal misconduct or unethical behavior. An officer or chairman who misses three consecutive meetings may after receipt of written notice be removed from office.

Executive Board Meetings: Meetings shall be held at least quarterly. Time and date will be established by the executive board. Special meetings may be called by the president or by a majority of the executive board if two days’ notice has been given. Standing committee chairs may be invited to meetings as needed.

Notice: Notice of any special meeting of the Executive Board shall be given at least two days previously thereto by oral or written notice delivered personally or sent by email to each Board Member. Any Board Members may waive notice of any meeting, and the attendance of a Board Member at any meeting shall constitute a waiver or notice of such meeting.

Quorum: A majority of the Executive Board shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a quorum of the Board members is present at said meeting, a majority of the Board present may adjourn the meeting from time to time without further notice. The act of a majority of the Board present at a meeting at which a quorum is present shall be the act of the Executive Board. 

Voting: Each qualified family unit, as described in Article Three, membership section of these Bylaws, shall have the right to cast one vote at any matter at any particular meeting. The decision of the majority of the voting members present at a meeting at which a quorum is established will be binding on the organization, unless provisions of these Bylaws require greater vote. 

Proxy: No voting by proxy will be allowed. 

Article V: Standing Committees 

Standing committees may include but are not limited to the following: 

  • Communications Committee: Promotes CPMS Athletic program updates, information and news on The Booster’s social media sites and website. 

  • Concession Committee: Responsible for recruiting volunteers, supply management, and managing sales for concessions.

  • Fundraising Committee: Responsible for developing and managing fundraising. 

  • Game Day Meals Committee: Responsible for organization and distribution of game day meals.

  • Nominating Committee: Meet to receive nominations for the elected offices of the organization and to prepare a slate of nominees and a ballot for the election of officers. The committee will recruit candidates for any roles without volunteers. The committee shall be made up of at least three members.

  • Programs Committee: Responsible for programs and ideas to increase game attendance and awareness, increase booster club attendance, facilitate cross-sports events and arrange educational/motivational special guests speakers.

  • Spirit Wear Committee:  Research spirit item products and vendors, order items, manage sales, inventory and fulfillment. 

  • Sponsorship Committee: Connects with and recruits local businesses and individuals to become sponsors. This person also ensures that sponsors are promoted at required events.

Article VI: General Provisions/Finances 

Operating Funds: Operating funds shall be maintained in a general fund, and an accounting of such funds shall be presented at all meetings. Boys programs and Girls programs may maintain separate accounts for fundraising and distribution of funds by program.

Fiscal Responsibility:  All Board members having fiscal responsibility shall be bonded.

Annual Statement: The Executive Board shall present at each annual meeting, or when called by vote of the members at any meeting, a full and clear statement of the condition of the organization. 

Group Exemption: This nonprofit organization will qualify as a tax-exempt organization  under the provisions of Section 501(c)(3) of the Internal Revenue code and its  Regulations as they now exist. 

Budget: The Executive Board shall present to the membership at the first regular meeting of the membership after the officers have been elected or as soon thereafter as  practicable, a budget of anticipated revenue and expenses for the year. This budget  shall be used to guide the activities of the organization during the year, including serving as approval for anticipated expenditures. Any substantial deviation from the budget must be approved in advance by the membership. 

Obligations: The Executive Board may authorize any officer or officers to enter into contracts or agreements for the purchase of materials or services on behalf of the organization. 

Loans: No loans shall be made by the organization to its officers or members. 

Banking: The Treasurer shall deposit all funds of the organization to the credit of the organization in such banks, trust companies or other depositories as the Executive Board may select and shall make such disbursements as authorized by the Executive Board in accordance with the budget adopted by the membership. All deposits and/or disbursements shall be made as soon as practicable upon receipt of the funds and/or orders of payment. 

Financial Controls: The organization shall adopt appropriate financial controls to ensure the integrity of its funds. Specifically, without limitation, the organization shall maintain separation of financial controls so that, minimally: 

  • All expenses must be approved by membership by way of approval of an annual budget, or amendments thereto, or be approved by separate resolution of the Executive Board.

  • All checks, drafts, or other orders for the payment of money on behalf of the organization shall require two signatures. The three authorized check signers will be the president, treasurer and/or fundraising officer. Checks shall bear notice of this requirement above the signature line as follows, “Two signatures required”. No officer shall approve or sign a check that is issued to himself or herself or a person to whom they are related by either blood or marriage.

  • An officer or other person without check signing authority designated by the Board shall review all bank statements.

  • A committee of at least two (2) people without check signing authority shall annually audit all corporate finances, or hire and supervise an outside accountant or auditing firm to conduct a review of corporate financial records.

  • All funds donated by the Booster Club to the athletic department of Cedar Park Middle School shall be contributed with established rules of the University Interscholastic League (UIL) and Leander Independent School District (LISD).

Financial Reporting: The Treasurer shall present a financial report at each membership meeting of the organization and shall prepare a final report at the close of the fiscal year in accordance with the organization’s financial policies. The Executive Board shall have the report and the accounts examined annually. A Certified Public Accountant (CPA) may be hired to perform a financial review, complete an audit or file taxes. 

Fiscal Year: The fiscal year of the organization shall be from July 1 to June 30 in alignment with the fiscal year of Leander Independent School District but may be changed by resolution of the Executive Board. 

Record Retention: All records of the organization shall be maintained and destroyed in accordance with law and standard record retention guidelines. Financial records shall be  maintained as outlined at the bottom of this document.

Article VII: Conflicts of Interest 

Existence of Conflict, Disclosure: Directors, officers, employees, and contractors of Corporation should refrain from any actions of activities that impair, or appear to impair, their objectivity in the performance of their duties on behalf of the Corporation. A conflict of interest may exist when the direct, personal, financial, or other interest(s) of any director, officer, staff member, or contractor competes or appears to compete with the interests of the Corporation. If any such conflict of interest arises, the interested person shall call it to the attention of the Executive Board for resolution. If the conflict relates to a matter requiring Board action, such person shall not vote on the matter. When there is a doubt as to whether any conflict of interest exists, the  matter shall be resolved by a vote of the Executive board, excluding the person who is subject of the possible conflict. 

Nonparticipation in Vote: The person having a conflict shall not participate in the final deliberation or decision regarding the matter under consideration and shall retire from the room in which the Board is meeting. However, the person may be permitted to provide the Board with any and all relevant information. 

Minutes of Meeting: The minutes of the meeting of the Board shall reflect that the conflict was disclosed and the interested person was not present during the final discussion or vote and did not vote on the matter. 

Annual Review: A copy of this conflict of interest statement shall be furnished to each director or officer, employee and/or contractor who is presently serving the corporation, or who hereafter becomes associated with the corporation. This policy shall be reviewed annually for information and guidance of directors and officers, staff  members and contractors, and new officers and directors, staff members and  contractors shall be advised of the policy upon undertaking the duties of their offices. 

Article VIII: Indemnification 

Every member of the Executive Board, officer or employee of the Corporation may be indemnified by the corporation against all expenses and liabilities, including counsel  fees, reasonably incurred or imposed upon such member of the Board, officer, or  employee in connection with any threatened, pending, or completed action, suit, or  proceeding to which she/he may become involved by reason of her/his being or having  been a member of the Board, officer, or employee of the corporation, or any settlement  thereof, unless adjudged therein to be liable for negligence or misconduct in the  performance of his/his duties. Provide, however, that in the event of a settlement the indemnification herein shall apply only when the Board approves such settlement and  reimbursement as being the best interest of the corporation. The foregoing right of the indemnification shall be in addition and not exclusive of all other rights which such  member of the Board, officer, or employee is entitled. 

Article IX: Amendments

Amendments to Bylaws: The Bylaws may be altered, amended, or repealed, and new bylaws may be adopted if approved by the general membership. Such alterations, amendments, or proposed bylaws must be distributed to the general membership with at least 7 days notice before voting.

Amendments to the Articles of Incorporation: The Executive Board shall adopt a resolution setting forth any proposed amendment of the Articles of Incorporation, which, if approved by a majority of the Executive Board, shall be again submitted for a vote at the next regular meeting of the Executive Board.

Article X: Parliamentary Procedure

The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern The Booster in all cases in which they are applicable and in which they are not in conflict with these Bylaws.

Certificate of Secretary

I certify that I am the duly elected and acting secretary of the Cedar Park Middle School Athletic Booster Club and these Bylaws constitute the organization’s Bylaws. The Bylaws were duly adopted at a meeting of the Executive Board held on _____________________, 2023.

Dated: _____________________________

Secretary of the Booster Club: _____________________________


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