Texas Constitutional Convention Updates

Approved Minutes of Session 3

Notes from 23 Aug meeting
Notes from 24 Aug meeting

The third session of the Texas Constitutional Convention was called to order at 1:30 P.M. on August 23, 1997, at the Gold Key Inn in Brownwood, Texas, with both the elected chair and the secretary of the convention present. The secretary called roll and certified a quorum. Delegates who answered to the roll call were Charles Doreck, Don Henson, Sara Lowe, Ray Wanjura, Monty Barnett, Cloyce Williams, Benjiman Angwin, Mike Angwin, Greg Scales, Karen Williams for Wes Burnett, Jay Baggett for Archie Lowe, Steve Baggett for James Gamble, Kevin Cole for Robert Kesterson, and Roscoe Reeves for Alonso Martinez. Delegates not in attendance were Daniel Childress, Loraine Childress, Charlie Duncan, Roger Erickson, Larry Falzitto, Randall Holt, Jerry and Judy Pool, Robert Sudbury, Dick Williams, and David Sanders. The Chair offered to entertain a motion from the floor to accept the letter of resignation from Mr. Falzitto which was read into the record. Mr. Wanjura so moved, and the motion carried unanimously.

Mr. Wanjura moved to accept the minutes of the previous session as presented to the delegates, and the motion carried unanimously. The Chair requested and the secretary read into the record the treasurer's report as sent via E-mail on August 11, 1997, which reported total funds of $278.82 on hand as of August 8, 1997.

The Chair called the names of delegates who had not been seated but had filed affidavits, and none responded. It was the consensus of the delegates that the named individuals had missed every session of the convention to date and would not be considered as delegates, but that they could re-apply in the future if they chose.

The Chair opened the floor to anyone present who wished to request delegate status. Jay Baggett, Steve Baggett, Roscoe Reeves, and Kevin Cole stated that they were willing to serve as proxies for every meeting until such time as no proxies were needed, at which time they wished to be considered as new delegates.

Mr. Wanjura moved that after two consecutive sessions any delegate with no attendance and no proxies for those sessions shall be automatically removed from his/her position as a delegate, and the quorum count shall be reduced accordingly, to become effective at the end of this session. The motion carried anonymously.

Mr. Barnett passed the hat, donated by Mr. Scales, to collect contributions toward the expenses of the convention.

The Chair called for a ten-minute recess at 2:20 P.M., and the convention reconvened at 2:30 P.M. The Chair reported that Mr. Burnett as chair for the Site and Calendar Committee had reserved the next two session dates in September and October at the Gold Key Inn in Brownwood. Mr. Angwin reported that the Lawful Process Committee, with Mr. Burnett assisting, was continuing to work on ideas related to achieving acceptance of the completed constitution.

Mr. Angwin moved to place a foundational statement to be titled "Foundations of the Republic" between the preamble and the body of the constitution. Mr. Wanjura raised a point of order that since that motion was defeated at the last session and could not be brought again except by someone on the winning side of the vote, the motion was out of order.

Mr. Wanjura reported that the Duties and Limitations Committee had met as a committee of the whole during the Corsicana session, and read the committee's draft proposal regarding the duties of national and county governments. Mr. Angwin moved that national and county government functions be voted upon as separate motions. Mr. Barnett offered a friendly amendment that the functions be voted on as separate entities, which was not accepted. The motion carried unanimously, but no action was taken on the committee's report, as it was not final.

The Chair then passed the gavel to Vice-Chair Greg Scales. Mr. Henson addressed the possibility of adding an article on the law to the constitution, and submitted several items into the record in support of the idea. Mr. Wanjura moved to formalize 'Law' as a committee for purposes of investigation. The motion carried with one opposed. The Vice-Chair appointed Mr. Henson as committee chairman. Mr. Wanjura and Mr. Scales volunteered to serve on the committee so formed. The Vice-Chair returned the gavel to the Chair, who recessed the meeting at 4:00 P.M. for 15 minutes. The session reconvened at 4:30 P.M.

Mr. Scales reported that the Declaration of Rights Committee felt that the peoples' rights must be enumerated as clearly as possible, in order to protect the people from the power of the state. A point of order was raised by Mrs. Lowe that the discussion of a Spanish version of the constitution was not relevant to the discussion at hand.

The Chair ruled that the session recess at 5:50 P.M. so that the secretary could obtain copies of several proposals relevant to Article 1. The session reconvened at 6:15 P.M. The Chair ruled that the convention form a committee of the whole for discussion of Article 1 and passed the gavel to Mr. Scales as chairman of the Declaration of Rights Committee at 6:17 P.M. Mr. Scales returned the gavel to the Chair at 7:20 P.M. Mr. Wanjura moved to recess the session until 9:00 A.M. on August 24. The motion carried unanimously, and the session recessed at 7:25 P.M. on August 23.

The session reconvened at 9:10 A.M. on August 24, 1997, at the same location as on the previous day, with both the elected chair and the secretary of the convention present, and a quorum of the delegates present. The same delegates and proxies answered the roll call as on August 23, with the exception of Mr. Reeves who was unable to attend as proxy for Mr. Martinez.

The Chair offered to entertain the following written motion, so moved by Mr. Wanjura: "In clarification of the previous action of this convention concerning delegate attendance at convention sessions:

a) a scheduled session that cannot conduct business due to the lack of a quorum shall be considered a session for purposes of determining the number of consecutive sessions missed by delegates;

b) if no one is available at the session to accept and act on the delegate's proxy authorization, the delegate shall be deemed to have missed that session:

c) if a delegate or delegate's proxy is not present at the session within two hours of the scheduled start time of a session, the delegate shall be deemed to have missed that session; and

d) if a delegate or delegate's proxy leaves the session prior to the official adjournment of a session, and a quorum is thereby no longer available to conduct business, the delegate shall be deemed to have missed that session."

A friendly amendment offered by Mr. Angwin to strike the fourth item was rejected. After discussion, the motion as written herein carried with one opposed.

The Chair ruled that the convention discuss the form of government for the constitution as a committee of the whole. The delegates agreed by consensus that the Chair would retain the gavel and entered into a committee of the whole at 9:40 A.M. The convention returned to formal session from committee of the whole at 11:30 A.M. and recessed until 12:30 P.M. The session reconvened at 12:45 P.M. and resumed deliberations as a committee of the whole to discuss fitting the duties of government to proposed branches of government.

The convention again returned to formal session from the committee of the whole at 3:50 P.M. The Chair offered to entertain a motion to adjourn the session until September 13, 1997, at 9:00 A.M. at the same location, so moved by Mr. Scales. The motion carried unanimously. The third session of the Texas Constitutional Convention 1997 adjourned at 4:00 P.M. on August 24, 1997.

Sara Lowe
Secretary of Convention

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