Texas Constitutional Convention Updates

Approved Minutes of Session 2

Notes from 26 July meeting
Notes from 27 July meeting

The second session of the Texas Constitutional Convention 1997 was formally convened at 9:58 A.M. on July 26, 1997, at 124 West Collin, Corsicana, Texas, with the elected chair and secretary of the convention present. The secretary called the roll of seated delegates and certified that a quorum was present. Those delegates not present were Mr. Childress, Mrs. Childress, Mrs. Pool, Mr. Falzitto, Mr. Gamble, Mr. Erickson, Mr. Holt, Mr. Martinez, Mr. Scales, and Mr. Sudbury.

Mr. Richard Ray presented a proxy written and signed by Mr. Erickson and was seated. A proxy was also presented for Mr. Timothy Burnett, written and signed by Mr. Gamble, but Mr. Timothy Burnett was not present at that time.

Mr. Burnett moved to table the reading and approval of minutes from the previous session, copies of which had been given to every delegate, until after the lunch recess to provide an opportunity for review. The motion carried with none opposed. The Chair called for the treasurer's report, which was not available; the secretary reported that Mrs. Childress was ill and unable to attend the session. The Chair called the names of those people who had filed affidavits and had not been seated at the previous session, and none were in attendance. The secretary reported that she had contacted each of the six people listed, by phone, letter, and/or E-mail, and that only Jerry Allen and Michael Chapman had responded or expressed an interest in taking part as delegates; however, both were unable to attend the session.

The Chair suggested establishing a Site and Calendar Committee to determine dates and location(s) for future sessions and to submit recommendations to the delegates; no objections being raised, the Chair asked Mr. Wesley Burnett to chair that committee. Mr. Sanders and Mr. Dick Williams agreed to serve on the committee. The Chair also suggested a committee to solicit contributions during the sessions for convention expenses. Mr. Wanjura raised a point of order that this should be the treasurer's responsibility when present, and Mr. Barnett agreed for the Corsicana session only to act as a temporary committee of one, in order to provide those present with an opportunity to contribute. The Chair suggested that a Lawful Process Committee be created to ensure that the final document has a high probability of success, and hearing no objections, requested Mr. Angwin to chair and to select members for that committee, to which Mr. Angwin agreed.

The Chair offered to entertain a motion to authorize the treasurer to pay mailing, copying, and other expenses incurred by officers and committees. Mr. Wanjura moved to authorize the treasurer to reimburse the secretary and Public Relations Committee for expenses incurred up to $150 per month for each, without itemized authorization from the convention. Mr. Burnett asked as a point of order whether sending notification via E-mail rather than by post was relevant, and the Chair ruled affirmatively. An amendment was offered by Mr. Duncan to change the amount to $300 per month, but failed for lack of second. A ten-minute recess was declared by the Chair, and the meeting again called to order. A point of order was raised by Mr. Kesterson that discussions of various communications media and how they could be used were irrelevant to the motion on the floor. The motion carried with none opposed.

The Chair requested a decision from the delegation regarding the Internet discussion list, which had been set up for the delegates' use. Mr. Wanjura raised a point of order that it was inappropriate for the convention to decide a private matter between Mr. Henson and those on the list.

Mr. Sanders requested the floor, stating that several delegates had suggested that the convention adopt a composite of all constitutions and drafts proposed during the previous session as a guideline. At his request, Mr. Wanjura presented an outline created as a composite of the others, containing the following sections: Preamble, Rights and Responsibilites of the People, Limits of Government, Duties of Government, Form of Government, Oaths of Office, Elections, Counties (Duties and Form), Revenue, General Provisions, and Schedule. Mr. Wanjura requested that the outline and constitution be considered for use as a guideline only. Mr. Barnett moved that the convention authorize Mr. Wanjura's constitution as a step-by-step guide to drafting the constitution. The Chair raised a point of order that the Chair should be handed written motions to be sequenced, and requested a ruling from Mr. Wanjura as parliamentarian. Both agreed that motions from the floor overruled the decision of the Chair. Mr. Wanjura moved to table the motion until the committee reports had been presented. The motion to table passed by show of hands, with three opposed, and Mr. Sanders yielded the floor.

The Chair called for a report from the Structure Committee, presented by Mr. Angwin. The committee proposed the following sections as a constitutional outline: Preamble, Foundations of the Republic, Declaration of Rights, Congress, Limits and Authorities, Executive, Judicial, the People, General Provisions, Revenues, Counties, Rangers, Amendment Process, Future Amendments, Transition. Mr. Angwin then moved that the convention accept the committee's report. Mr. Lowe proposed a friendly amendment that the delegates include and adopt both the report by the Structure Committee and the outline submitted by Mr. Wanjura, since they were very similar, and differences could be worked out and finalized at a later date, which was accepted by Mr. Angwin. Mr. Burnett suggested that the friendly amendment specify that the differences were to be worked out by Mr. Angwin and Mr. Wanjura and ready for consideration on July 27, which proposal was accepted by all. The motion was defeated by a vote of six for, seven opposed. Mr. Angwin requested a roll call vote, with the same results recorded.

The Chair then passed the gavel to Mr. Angwin so that Mr. Henson could present a committee report; however, Mr. Wanjura raised a point of order that the committee in question had not been formed by the convention and that discussion concerning the same should be postponed until all reports by approved committees had been heard.

The Chair called for a report from the Declaration of Rights Committee, and Mr. Burnett as vice-chair reported that the committee's report would be submitted on July 27. The Chair called for a report from the Limits and Duties Committee, and Mr. Wanjura as chair reported that the committee had submitted its plan of action as written for the record.

The Chair then brought up for discussion the motion previously tabled. Mr. Burnett offered a friendly amendment to incorporate the work of the Structural Committee into the constitutional guidelines, which was accepted by Mr. Barnett. Mr. Lowe suggested that a time limit of the afternoon session be included, also accepted as a friendly amendment. The motion as revised ('to accept Mr. Wanjura's proposed constitution and outline, and to incorporate the work of the Structural Committee, to be authorized as a step-by-step guide to writing this constitution, to be presented in the July 26 afternoon session') carried by a vote of fourteen for, one against.

Mr. Wanjura moved to recess for two hours, which motion passed by voice vote without opposition. The convention recessed at 12:10 P.M. and reconvened at 2:20 P.M.

Mrs. Lowe moved to correct the record for the July 26 morning session to show that Mr. Pool, Mr. Doreck, Mr. Wanjura, and Mr. Benjiman Angwin were seated and counted as delegates and had been omitted from the roll call in error, which motion passed with no opposition.

Mr. Angwin moved that the convention reverse its approval of the constitutional document previously approved. Mr. Kesterson offered a friendly amendment to strike the bodies of the sections and retain only the titles of the sections as an outline, which was accepted by Mr. Angwin. Mr. Cloyce Williams offered a friendly amendment to mark any and all copies as draft only, which was not accepted by Mr. Angwin. Mr. Kesterson suggested and Mr. Angwin agreed to withdraw the motion on the floor as worded. Mr. Kesterson then moved to amend the motion adopted in the morning meeting by striking the words 'constitution and.' The motion carried by a vote of twelve for, one opposed.

The Chair ruled to delete the agenda item entitled Law, as the convention had not approved the establishment of that committee.

Mr. Burnett moved that the convention accept the minutes as submitted by the secretary, and after clarification of several points, the motion passed unanimously.

Mr. Angwin moved that the convention accept the presented outline as consolidated. The motion carried with one opposed.

Mr. Burnett moved to change the wording in the outline to 'Foundations of the Constitution.' A friendly amendment was offered by Mr. Lowe to change the phrase to 'Foundations of the Nation,' which was accepted by Mr. Burnett, and then changed to 'Foundations.' The motion carried with one opposed.

Mr. Wanjura moved to strike the Foundations section from the outline. Mr. Burnett proposed a friendly amendment to adopt the proposed Foundations section as a declaration of intent of this constitutional convention, and not as a part of the constitution, which was not accepted. The motion carried by a vote of eight for, five opposed.

Mr. Kesterson moved that the convention adopt the wording previously proposed by Mr. Burnett, i.e., to adopt the proposed Foundations section as a declaration of intent of this constitutional convention. The motion carried with one opposed.

The Chair ruled that the convention move to informal session as a committee of the whole to discuss the functions and duties of government, and at 3:10 P.M. passed the gavel to Mr. Wanjura as chair of the Limits and Duties Committee.

Mr. Wanjura returned the gavel to the Chair at 6:03 P.M. The delegates agreed by consensus to accept and seat Mr. Timothy Burnett as proxy for Mr. Gamble.

The Chair ruled to return the convention to informal session as a committee of the whole, and at 6:05 P.M. passed the gavel to Mr. Wanjura as chair of the Limits and Duties Committee. Mr. Wanjura returned the gavel to the Chair at 7:00 p.m. The Chair offered to entertain a motion to recess until 9:00 AM. on July 27th, so moved by Mr. Duncan. The motion carried, and the session recessed at 7:02 PM.

Before the session reconvened, Christine Kesterson presented a proxy written and signed by Mr. Sanders, which was accepted by the Chair. The session reconvened at 9:30 A.M. on July 27, 1997, at the same location as on the previous day, with the elected chair and secretary of the convention present. The secretary called the roll and certified a quorum. Mr. Ray was again seated as proxy for Mr. Erickson and Mr. Timothy Burnett as proxy for Mr. Gamble. Mr. Wanjura requested an invocation before proceeding to do business, and one of the delegates led the assembly in prayer.

Mr. Angwin moved to place a foundational statement between the preamble and the body of the constitution. The motion failed with four for, nine opposed.

The Chair called for a report from the Site and Calendar Committee, which was presented by Mr. Burnett. The committee had determined that two cities, San Angelo and Brownwood, were mid-points for the most distant delegates, with Brownwood being more central and San Angelo having more facilities. The committee also recommended that the convention hold its sessions in the same location on the same numbered weekend each month, and that it choose a location with needed amenities and enter into an agreement for at least three months. The consensus of the assembly was to meet in Brownwood on the second weekend monthly, except August, and to meet next in Brownwood on August 23rd and 24th. The committee chair agreed to work toward a three-month arrangement with a facility in the area, which was agreeable to the assembly.

The Chair ruled that the convention return to informal session as a committee of the whole to continue the previous day's work, and at 10:05 A.M. passed the gavel to Mr. Wanjura as chair of the Limits and Duties Committee. Mr. Wanjura returned the gavel to the Chair at 12:20 P.M. Mr. Lowe moved that the convention recess until 2:00 P.M. The motion passed unanimously, and the session recessed at 12:22 P.M.

The Chair called the assembly to order at 2:14 P.M. and noted that a quorum was no longer present to do business, as Michael and Benjiman Angwin had left. Mr. Wanjura moved to adjourn until the next scheduled session on August 23, 1997, at 9:00 A.M. in Brownwood, Texas. The motion passed unanimously, and the second session of the Texas Constitutional Convention 1997 adjourned at 2:16 P.M. on July 27, 1997.

Submitted by Sara Lowe,
Secretary of Convention

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