Here is a thumbnail sketch of how we are making the dream come true. Convention delegates recognized that getting a new constitution lawfully ratified would not be cheap. The process requires money for planning, lawful notice, advertising, travel, etc. Candidates for political office think nothing of spending tens of millions of dollars during their campaign. We should expect to spend a similar amount trying to get a new constitution ratified. But where would we come up with this money? Most, if not all, of the delegates were using just about all their discretionary income just getting the constitution written. There was very little money left to fund the ratification process. So, they created...
The
Texas Constitution Ratification Fund, usually referred to as the TCRF, was created
to obtain the funds needed to complete the ratification process. To keep the
TCRF out of the quagmire of rules and regulations that accompany a state-chartered
business organization, the delegates elected to organize the TCRF as a common
law pure contract trust. (The pure contract trust is completely legal, has been
around for centuries, and is, in fact, used by many of the power elite to protect
their own assets.) This has created a few practical problems, such as not being
able to open an ordinary checking account, but has so far proven to have been
a good decision on the part of the delegates. But what about managing the actual
ratification process and, even more importantly, what about transferring power
from the existing governmental structure to the government that will be formed
under Texas Constitution 2000?
Delegates
to the convention included an article describing the ratification process. Basically,
it attempts to follow the model of the ratification process for the US Constitution.
The process requires that each county in Texas, there are 254 of them, must
hold a ratification convention. When 176 of them have ratified Texas Constitution
2000, it will be ratified and it will replace the existing governmental structures
in those counties while counties which have not ratified it will remain under
the current structure. (Theoretically. The practical problems that may arise
at that point are unknown.) Recognizing their own lack of skills in this area,
the delegates voted to create a committee of twelve Texans to manage the ratification
and transfer of power process, the Texas Constitution Ratification Committee,
usually referred to as the TCRC. The delegates also realized that we would be
"hiring" committee members who may or may not be the best for the
task at hand and so they included a statement that the TCRC members serve at
the pleasure of the Texas Constitutional Convention of 1997. But...
They also recognized that once the new constitution was adopted, it would be very difficult to call the convention back into session. This meant that even though the committee members would serve at the pleasure of the convention, in practical terms this would amount to no oversight at all. So, as one of their final acts, the delegates voted to delegate their oversight authority to the TCRF. Here's the motion that was passed to delegate the authority:
"Move that the responsibility and authority for selecting, contracting with, compensating, supervising, hiring, and terminating members of the Texas Constitution Ratification Committee (TCRC) be hereby delegated to the Texas Constitution Ratification Fund (TCRF)."
The TCRF immediately began the search for committee members. The TCRF elected to use common law contracts to "hire" the committee members. By using common law contracts, we keep ourselves distant from all the rules and regulations that apply if you have "employees". Plus we wanted the committee members to be essentially independent, using their expertise creatively to get the job done. In summary...
The ratification process itself is defined in Article 9 of Texas Constitution 2000. A general plan for each County Ratification Convention has been prepared and will continue to be fine-tuned as ratification proceeds. The process is managed by Texas Constitution Ratification Committee members who are under contract to the Texas Constitution Ratification Fund. The convention is not in session and is not expected to be called into session so this means that the TCRF is, in effect, representing the interests of the convention. The convention delegates have created two organizations, each charged with the responsibility of completing the ratification process. The only thing we need now are the resources to run what is in effect a political campaign.
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Ratification Fund
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