Texas Constitutional Convention Updates

Approved Minutes of Session 1

Notes from 4 July meeting
Notes from 5 July meeting
Notes from 6 July meeting

The meeting was convened at 1:25 PM. on July 4th in the original Sherwood County Courthouse in Sherwood, Irion County, Texas, with Wesley W. Burnett, Chair of the Texas Constitutional Convention Coordinating Committee, presiding. The following delegates having affidavits of representation on record were present:

The moderator opened the floor to nominations for permanent convention secretary. Sara Lowe was nominated by Mr. Henson. Mr. Childress moved to close the nominations. The motion to close was adopted unanimously, and the vote for Secretary was unanimous.

The moderator then opened the floor to nominations for permanent convention chairman. Mr. Barnett nominated Mr. Burnett, who declined. Mr. Duncan nominated Mr. Henson. Mr. Angwin moved to close the nominations. The motion to close was adopted unanimously, and the vote for Chair was unanimous. Mr. Burnett received a standing ovation as he passed the gavel to Mr. Henson.

The Chair offered to entertain a motion to consider accepting applications from those present who wished to become delegates but had not filed affidavits by June 24th. Mr. Burnett moved to consider those present who were applying for delegate status on a case-by-case basis, and the motion was adopted unanimously. Each applicant then addressed the assembly. Mr. Burnett moved to accept Robert Sudbury of Abilene, Texas, as a delegate; the motion was adopted unanimously. The chair offered to entertain a motion to accept Charles Doreck of Cuero, Texas; Cloyce Williams so moved, and the motion was adopted unanimously. Mr. Lowe raised a point of order that those speaking for the record should state their names. Mr. Angwin asked Larry Falzitto, originally from Ohio and now living in San Angelo, Texas, if he had been living in Texas since January of 1997 and if he intended to become a permanent resident of Texas, and Mr. Falzitto answered yes to both questions. Mr. Angwin moved to accept Mr. Falzitto as a delegate, and the motion was adopted unanimously. Mr. Burnett moved to accept Jerry Pool from Gladewater, Texas, as a delegate. Mr. Angwin offered to amend as follows: that Mrs. Childress not be removed as a delegate and that her delegate status not be adversely affected by Mr. Pool's acceptance [as he had signed her affidavit]. Both the motion to amend and the motion to accept as amended were adopted unanimously. Mr. Duncan moved to accept Judy Pool of Gladewater, Texas, as a delegate, and Mr. Childress offered to amend that as she had signed another's affidavit, her delegate status be covered under the same agreement as Mr. Pool's. Both the motion to amend and the motion to accept as amended were adopted unanimously. Mr. Sanders moved to accept Ray Wanjura of Cuero, Texas, as a delegate; the motion was adopted unanimously.

The convention was formally called to order by the Chair. Mr. Duncan moved that all business done prior to the seating of new delegates and banging of the gavel be ratified by the seated delegates, which motion was adopted without opposition, and the vote for ratification was unanimous.

The Chair offered to entertain a motion to include other officers or positions for consideration, and Mr. Burnett moved to seat a vice-chairman, which motion was adopted unanimously. Mr. Wanjura raised a point of order that it would be proper to complete a listing of offices to be filled before opening nominations for each office. Mr. Lowe moved to elect a parliamentarian, treasurer, and public relations officer. After brief discussion, the motion was adopted with one no vote. A friendly amendment was offered by Mr. Barnett to make the office of parliamentarian double as sergeant of arms, which was accepted by Mr. Lowe. After brief discussion, the motion as amended was adopted with one no vote.

The Chair offered to entertain a motion to open nominations for convention vice-chair, so moved by Mr. Barnett, which motion was adopted. Mr. Barnett nominated Mr. Scales. Mr. Wanjura nominated Mr. Duncan, who declined. Nominations were closed, and the vote for Vice-Chair was unanimous.

Mr. Cloyce Williams moved to open nominations for parliamentarian/sergeant of arms; the motion was adopted with one no vote. An unnamed delegate nominated Mr. Wanjura. Mr. Barnett nominated Mr. Sanders. The delegates voted by raising of hands, showing 13 in favor of Mr. Wanjura, 3 in favor of Mr. Sanders.

Mr. Duncan moved to open nominations for treasurer, which motion was adopted with one no vote. Mr. Doreck nominated Mrs. Childress. Mr. Wanjura moved to close the nominations, which was adopted unanimously. The vote for Treasurer was unanimous.

The Chair offered to entertain a motion to open nominations for public relations officer. Mr. Lowe raised a point of order that it was not necessary to open nominations for each office unless new offices were being proposed or had not been placed on the agenda for consideration. Mr. Sanders nominated Mr. Kesterson. Mr. Holt nominated Mr. Burnett. Mr. Wanjura asked whether a committee should perform the function. Point of order was raised by Mr. Lowe that nominations were on the floor and must first be voted down in order to reopen the floor to consider committees. The motion on the floor was defeated with one yes vote. Mr. Burnett moved to amend the description of public relations office to comprise a committee rather than one individual, i.e., to establish a committee for purposes of publicity and advertising, which was adopted with two nays. Mr. Wanjura moved to make all members of the Texas Constitutional Convention Coordinating Committee members of the public relations committee for the constitutional convention. During discussion Mr. Sanders moved to table the motion. There being no discussion, the motion to table was adopted with two nays.

Mr. Wanjura moved to suspend the rules to facilitate discussion of the next agenda item, the future of the Texas Constitutional Convention Coordinating Committee, and the motion was adopted unanimously. Mr. Burnett expressed concern about the committee's agreement with the Sherwood Historic Association to rent the meeting facilities. Mr. Wanjura moved to dissolve the Texas Constitutional Convention Coordinating Committee, and Mr. Sanders offered an amendment to transfer all the obligations of that committee to the officers of the constitutional convention's public relations committee. Mr. Childress suggested the amendment be rephrased to transfer the obligations to all delegates of the constitutional convention, which was accepted as a friendly amendment. Mr. Angwin moved to require a unanimous vote, which was accepted as a friendly amendment. The motion as amended was adopted.

The Chair opened the floor to any administrative business remaining. Mr. Wanjura's motion to transfer the Texas Constitutional Convention Coordinating Committee members into the constitutional convention public relations committee was defeated. Mr. Burnett moved that the constitutional convention authorize the Chair to appoint a chairperson for a public relations sub-committee and solicit volunteers for that committee. After discussion, Mr. Holt suggested a friendly amendment to allow the sub-committee members thereafter to appoint their own chairperson, which was accepted by Mr. Burnett. Mr. Holt suggested that activities of the sub-committee take place outside convention sessions and that non-delegates be allowed as members; this amendment was not recorded as accepted. The motion as amended was adopted with two nays.

Mr. Lowe moved to recess for ten minutes, which passed unanimously. The session recessed at 3:10 PM and reconvened at 3:23 PM.

Mr. Angwin moved that the delegates accept James Gamble of Sherwood, Texas as a delegate, which motion was adopted unanimously.

Mr. Burnett moved that a quorum of the convention be defined as 50% plus one of the delegates seated and assembled on July 4, 1997. Point of order was raised concerning how many delegates would be present on July 7th and whether that would affect the quorum. After discussion Mr. Burnett amended the motion to 50% plus one of the delegates seated to the constitutional convention. The motion as amended was adopted with one nay.

Mr. Angwin moved that a delegate may temporarily suspend his/her delegate status to be removed from the quorum requirement, and then re-instated when able to attend. The motion failed for lack of second.

Mr. Burnett moved that no delegate be seated to this convention after the close of the day's session on Sunday, July 6th, 1997. After discussion Mr. Burnett offered the following amendment: "and to allow for the replacement of delegates who resign after that date." Mr. Kesterson offered an amendment that anyone having filed an affidavit be included in that number, which was not accepted as a friendly amendment; no vote was taken. The motion as amended was adopted with one nay.

Mr. Wanjura moved to accept Benjiman Angwin as a delegate, which motion was adopted unanimously.

Mr. Lowe moved to recess for 15 minutes. Motion carried unanimously, and the session recessed at 4:26 PM and reconvened at 4:42 PM.

Mr. Burnett moved that the Secretary be authorized to notify those delegates who failed to attend five sessions to request their intent, so that the convention could make a decision concerning their status. Mr. Wanjura raised a point of order that the assembly could accept issues by consent rather than by motion. Mr. Lowe offered a friendly amendment to reduce the number of failed sessions to three, accepted by Mr. Burnett. Mr. Holt offered an amendment to change the wording to three consecutive sessions, which was accepted. The motion to amend was adopted, and the motion as amended was adopted unanimously. Point of order was raised regarding the terms meeting' and session' and it was decided by consensus that from meeting called to meeting adjourned constituted one session.

Mr. Duncan moved that the convention adopt "Robert's Rules of Order, The Modern Edition", by Darwin Patnode,used in the relaxed mode and only referred to when a point of order cannot be resolved in any other way. Mr. Lowe moved to amend the motion by striking everything after "used in the relaxed mode," but motion to amend was defeated. After further discussion, the original motion was adopted with seven nays.

Mr. Burnett moved that delegates be required to appear in person in order to participate in the actions of this convention. Mr. Wanjura offered a friendly amendment that no proxies be allowed, which was accepted. The vote was 12 for, 12 against. The Chair voted nay to break the tie, thereby allowing proxies.

Mr. Falzitto moved that when the convention formulate this constitution, it be based on a republican form of government as opposed to a democracy, i.e., rule by law and not by men. Mr. Wanjura offered an amendment to strike the phrase "i.e., rule by law and not by men," not accepted as a friendly amendment. Vote on the amendment by show of hands was tied, and the Chair voted nay, defeating the motion to amend. Mr. Angwin called for a roll call vote, which showed 11 for, 13 against. Vote by show of hands on the motion was also tied. Mr. Angwin again called for a roll call vote, which showed 12 for, 11 against; the motion was adopted.

The Chair requested that those who brought constitutional drafts make them available to other delegates. Mr. Angwin moved that elements of the constitution be considered in the following order: preamble, foundations, declaration of rights, the congress, law, powers and limitations, the presidency, the judiciary, the courts, the people, revenues, general provisions, counties, rangers, amendments, and schedule of progression. Mr. Wanjura suggested that the motion be reworded that delegates begin work on a constitution, starting with the preamble, which was accepted. The motion was adopted by voice vote.

Mr. Burnett moved that the Chair appoint a committee of no less than five delegates to draft a preamble, to be the first order of business on Saturday, July 5th, 1997. The motion was adopted. Mr. Angwin moved that the Chair appoint a committee of no less than five delegates to draft a list of issues to form a guideline for discussion, but the motion died for lack of second.

Mr. Burnett moved that those who had draft proposals have them ready to distribute on Saturday, July 5th; motion was adopted with one nay. Mr. Burnett moved to recess for one hour and 30 minutes, which was adopted with one nay. Meeting was recessed at 5:44 PM and reconvened at 7:32 PM.

The Chair appointed Mr. Kesterson as public relations committee chair, and Mr. Burnett as a volunteer to that committee. The Chair appointed Mr. Wanjura as preamble committee chair, with Mr. Angwin, Mr. Sudbury, Mr. Falzitto, and Mr. Doreck as volunteers. Chair then expressed his desire to adjourn until 9:00 AM on July 5th. Motion was made, seconded, and was adopted with one nay, and the meeting was adjourned. Note: after adjournment, Mr. Martinez was substituted for Mr. Falzitto on the preamble committee.

The session reconvened at 9:16 AM on July 5, 1997, at the same location as on the previous day, with the elected officers and a quorum of the delegates present. The Chair ruled that the delegates would convene at 9:00 AM every day, work in formal session until 12:30 PM, take a three-hour recess, and return to formal session at 3:30 PM, which could continue until 7:00 PM.

Mr. Duncan moved that the Secretary be authorized to appoint a deputy secretary to assist her in recording the actions of the convention. Mr. Sanders proposed as a friendly amendment that the Secretary be allowed to vote, which was accepted. Mr. Wanjura raised a point of order regarding the difference between assistants and proxies. The motion as amended was adopted unanimously.

Motion was brought by Mr. Wanjura to recess for a short time in order to rearrange the room, which was adopted unanimously. The session recessed and was reconvened at 10:27 AM.

Mr. Angwin proposed a lengthy motion (written but not provided for the record) which failed for lack of second.

The Chair passed the gavel to Mr. Wanjura as chair of the preamble committee. Mr. Wanjura then read the committee's proposal as follows: " We, the People of Texas, acknowledging the inalienable rights of life, liberty and property from our Creator, in order to form a lawful republic, establish justice under common law, provide for the common defense, and secure the blessings of liberty, to ourselves and our posterity, do, ordain and establish this constitution to form and limit the authority of our government to those powers exclusively delegated herein. All rights are inherent in the people." Mr. Wanjura then opened the floor for discussion, reviewed suggestions made by delegates, and returned the gavel to the Chair.

Mr. Barnett moved to use the Webster's New Universal Unabridged Dictionary, published by Barnes and Noble Books, 1996 version, by arrangement with Random House Value Publishing, Inc., ISBN 0-7607-0288-8, for the definitions of the constitution. Mr. Wanjura proposed a friendly amendment that the convention designate which definition is being used for any word under contention, using the proposed dictionary, and in that way the source would be specified in the record of the proceedings, and not in the constitution. The motion as amended was adopted by a vote of 14 for, 4 against.

Mr. Wanjura moved to recess for lunch, which motion was adopted with one nay, and the convention recessed at 12:30 PM and reconvened at 3:45 PM. The Chair passed the gavel to Mr. Wanjura, who read the preamble committee's revised proposal: "We, the People of Texas, invoking the blessings of our Creator, do ordain and establish this constitution." After discussion, Mr. Wanjura returned the gavel to the Chair and moved that the convention adopt the shortened preamble as read. The motion was adopted by voice vote, with several nays.

Mr. Angwin moved that the constitution shall include a Declaration of Rights which shall be beneath the Preamble, but before the body of the constitution itself. Mr. Duncan proposed a friendly amendment that our constitution shall include a Declaration of Rights which shall be the first part of the constitution, which was rejected. Mr. Sanders proposed a friendly amendment to remove the Declaration of Rights and make it Article 1, Section 1, Rights of the People, which was accepted. Mr. Wanjura asked that the motion be rephrased to say that the rights of the people will be enumerated in the constitution. Mr. Burnett requested a rereading of the motion as amended, which after discussion and correction was agreed on as follows: "The constitution shall include a Declaration of Rights which shall be Article 1 of the Constitution." Mr. Wanjura moved to table. Motion to table failed with 14 against, 9 for. Mr. Duncan demanded to move the previous question. The motion as amended was adopted.

The chair ruled that all future motions must be written and submitted to the Chair with the name of the originator. The Chair will sequence the submitted motions, and they will be brought up in the order sequenced.

The next order of business was the presentation of draft constitutions. The Chair ruled that they be presented in random order, with each presenter given five minutes to speak, and the sergeant of arms was to time the speakers. A 15-minute recess was approved by consensus. After the body reconvened, Mr. Wanjura, Mr. Burnett, Mr. Angwin, Mr. Barnett, Mr. Kesterson, Mr. Scales, and Mr. Henson each presented draft proposals to the convention, with Mr. Duncan proposing the united States constitution as a reference.

The Chair ruled that a committee be formed to work on the declaration of rights, and another on the structure of the constitution, and another at Mr. Wanjura's suggestion to work on the limits and duties of government. The Chair chose Mr. Wanjura to chair the committee on limits and duties of government, Mr. Angwin the committee on structure, and Mr. Scales the committee on rights. Volunteers accepted by Mr. Angwin were Alonso Martinez, Sam Hamilton, Larry Falzitto, and Don Henson. Volunteers accepted by Mr. Wanjura were Charles Duncan, Monty Barnett, Dick Williams, Roger Erickson, Dan Childress, Randall Holt, and Charles Doreck. Volunteers accepted by Mr. Scales were Wesley Burnett, Cloyce Williams, David Sanders, Robert Sudbury, James Gamble, and Benjiman Angwin.

There being no more old business, the Chair opened the floor for new business. The Chair read a motion from Mr. Erickson that those having submitted a delegates form, but unable to make this meeting, have the opportunity to be seated at the next session; further, the Secretary of the convention shall contact those mentioned above as to their intent. Point of order was raised by Mr. Wanjura that only the quorum was based on delegates present July 6th. The motion was adopted unanimously.

Mr. Barnett moved to form the three committees that were previously established, to create a rough draft from each committee to be used as guidelines for a time-saving flow starting with rights, to be presented in the next day's opening session. Mr. Wanjura raised a point of order, but the motion failed for lack of second. Mr. Duncan moved that the delegates recess until 9 AM on July 6th, which motion was adopted with 10 voting for, 9 against.

The session was reconvened at 9:12 AM on July 6th at the same location as on the previous day, with the elected officers present. The following delegates were present: Mr. Lowe, Mr. Kesterson, Mrs. Lowe, Mr. Wanjura, Mr. Duncan, Mr. Martinez, Mr. Angwin, Mr. Erickson, Mr. Childress, Mrs Childress, Mr. Holt, Mr. Burnett, Mr. Gamble, Mr. Sudbury, Mr. Benjiman Angwin, Mr. Falzitto, Mr. Hamilton, Mr. Cloyce Williams, Mr. Doreck, Mr. Henson. Mr. Barnett, Mr. Sanders, and Mr. Scales arrived late. Mr. Childress, Mrs. Childress, and Mr. Erickson left early. Mr. Dick Williams, Mr. Pool, and Mrs. Pool had left the day previously.

The Chair ruled that the reading of the minutes of each preceding day be dispensed with for the present session, with the understanding that the minutes would be approved at the next regularly scheduled session of the convention.

Mrs. Childress presented the Treasurer's report, stating that she had received $153.50 from the treasury of the Texas Constitutional Convention Coordinating Committee, $60.00 in donations, and $3.50 from the cup downstairs, for a total of $217.00, less the rental on the Sherwood facilities for two days.

Mr. Wanjura requested that Mr. Jimm Johnson from Minneapolis, Minnesota by consensus be allowed to speak. A vote of consensus passed with one nay, and Mr. Johnson was seated at the table as a non-voting contributor.

Mr. Hamilton moved to issue a public rebuttal concerning the constitutional committee's (sic) affiliation printed by the news media (re San Angelo Times, Sunday edition, 7/5/97). There was a friendly amendment offered to have the public relations committee handle the issue, which Mr. Hamilton accepted. Another friendly amendment by Mr. Duncan to change the word rebuttal to statement was also accepted by Mr. Hamilton. The motion as amended was defeated, with two yea votes recorded.

The Chair proceeded with the reading of motions submitted on the previous day. Mr. Sudbury moved that 23 seats for delegates be left open on a first come, first serve basis, and after the 23rd seat is filled, delegation to the Texas constitutional convention be forever closed. The motion failed for lack of second.

Mr. Hamilton proffered his resignation verbally and left the convention hall. The Chair asked for a vote as to whether to accept the resignation as given. After some discussion, the vote passed, with two nays recorded.

Mr. Wanjura as a point of order stated that when a delegate resigns, no reason is required, and the members of the body must accept the resignation before that seat can be filled according to the rules adopted. The Chair suggested a short break. The meeting recessed for a short break at 10:12 AM and reconvened at 10:30 AM.

The Chair called for a report from the structure committee and passed the gavel to Mr. Angwin, committee chair, who presented the committee's proposal as follows:

[Preamble]
[Foundations of the Republic]
[Article 1 Declaration of Rights]
[Article 2 The Congress]
[Article 3 Limitations and Authorities]
[Article 4 The Executive]
[Article 5 The Judicial and the Courts]
[Article 6 The People]
[Article 7 Revenues]
[Article 8 General Provisions]
[Article 9 The Counties]
[Article 10 The Rangers (Executive?)]
[Article 11 Amendment Process]
[Article 12 Amendments (Future)]
[Article 13 Articles of Transition]

He invited comments from any delegates who wished to speak. After discussion, he returned the gavel to the Chair, who ruled that the committee remain intact but take no further action until a future session.

Mr. Holt moved that Mr. Sam Hamilton be reinstated as a full delegate to this convention. Mr. Wanjura raised a point of order that while Mr. Hamilton met the criteria of a delegate, the motion was to reinstate, and this body had no provision for that situation. Mr. Burnett offered a friendly amendment to change the wording from 'reinstate' to 'accept', which was accepted. The Chair ruled that no further discussion was allowed. The motion was defeated with 14 opposed, 6 in favor. Mr. Angwin requested that he be allowed to attach written comments to the minutes. Mr. Wanjura as parliamentarian objected. The Chair ruled that no unread written comments would be added to the record.

Referring to the agenda, the Chair asked the two remaining committees to make their reports. Mr. Burnett reported for Mr. Scales, chair for the declaration of rights committee, that the committee would have their report ready for the next session. Mr. Wanjura, chair for the committee on limits and duties of government, read the committee's plan of action as follows:

"Chair of the committee shall itemize limits and duties, separately, compiled from all submitted draft copies of the constitution. Chair shall then make available to the committee members the said list for comments. After sufficient comments have been returned, chair shall draft a proposal and submit it to the committee for comments. Thereafter, the chair shall draft a proposal for submission to the entire body of the delegates assembled at the next regular meeting. Of the draft constitutions brought forth, the chair has in his possession those of Ray Wanjura, Robert Kesterson, Greg Scales, Wes Burnett, and Don Henson, and has available those of Monty Barnett, Mike Angwin, and Charlie Duncan's suggestion of the united States constitution." Mr. Wanjura reported that the committee had not completed its plan of action as written.

The Chair proposed that the records of this convention be stored in the archives of Texas in Austin, and asked the Secretary if she would contact the archivist in Austin and ask for permission to store the records there when completed. The session recessed for lunch until 3:30 PM and reconvened at 3:42 PM.

Mr. Barnett moved that this convention write a constitution establishing Texas as a free and independent nation. Mrs. Lowe offered a friendly amendment to change 'establishing Texas as a free and independent nation' to 'establishing the free and independent nation of Texas.' The motion was adopted as amended with one nay vote at approximately 4 PM.

The Chair asked whether additional committees were needed between now and the next session, and requested that the Secretary form a sub-committee to assist with review of any documents created by the convention before final adoption.

The final item on the agenda was the date and location for the next session. After much discussion, the Chair ruled that Saturday, July 26, would be the first day of the next session, to be held in Corsicana.

The Chair ruled that while no formal action would be taken until the next session, the meeting was open to debate on the type or form of government to be adopted. After open discussion, Mr. Wanjura moved to adjourn the session until 9 AM July 26th in Corsicana. The motion was adopted with 12 in favor, 5 opposed. Session was adjourned at 5:43 PM on July 6, 1997.

Submitted by Sara Lowe,
Secretary of Convention

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Copyright at Common Law, West El Paso Information Network, 1997