Texas Constitutional Convention Updates

Summary of 23 August 1997 Meeting (Rough Notes)

Present: 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, Roscoe Reeves for Alonso Martinez.

Not present: Daniel Childress, Loraine Childress, Charlie Duncan, Roger Erickson, Larry Falzitto, Randall Holt, Jerry and Judy Pool, Robert Sudbury, Dick Williams, David Sanders.

Called meeting to order, secy called rolle and certified a quorum. Chair read into the record letter of resignation from Larry Falzitto, entertain motion to accept, Wanjura so moved, second by Doreck, no discussion, motion carried unanimously. Note that quorum is now set at 13.

Chair entertaining motion to accept minutes as presented, Wanjura so moved, second by Barnett, no discussion, motion carried unanimously.

Chair asked and secretary read the treasurer's report sent via email, so done.

Chair called the list of names of delegates who have not yet been seated but who had filed affidavits, none present. Chair then asked for consensus of delegates that they are no lonhger considered as delegates, unless they re-apply as delegates.

Chair called for whether anyone present would like to request delegate status. Both Jay and Steve Baggett requested that they be considered. Angwin asked if they would be willing to serve as proxies for every meeting, and they agreed to do so. Mr. Reeves also requested that he be considered, and Mr. Cole also, and all agreed to act as proxies until there were no proxies needed, and they would then be considered as new delegates.

Chair brought up what to do about no-show delegates. Suggest amending the previous resolution so that if they do not show up or send proxies for two sessions, they will be removed as delegates, much discussion, if they are officers, someone must be elected to that position. Motion by Barnett that delegates that do not show up and do not provide a proxy be removed after two sessions, seconded by Angwin. Friendly amendment that they should still be able to re-apply as delegates, by Wanjura, accepted. Motion withdrawn.

Motion by Wanjura that after two consecutive sessions with no attendance and no proxies, the delegate shall be automatically removed from his/her position as a delegate, and the quorum count shall be reduced accordingly, which motion shall become effective at the end of this session, seconded by Angwin. Short recess at 2:20 PM, reconvened at 2:30 PM. Motion carried anonymously.

Chair asked for report of Site and Calendar Committee, Wes Burnett has reserved the next two dates in Sept and Oct at this hotel, Chair made the report for him at his request.

Chair asked that Mr. Barnett pass the hat, donated by Greg Scales.

Chair asked for report of lawful process committee, Angwin chairman, Wes on committee, concerning how to get the constitution accepted once it's written, still working on various ideas. Barnett asked whether the committee had been agreed to by the convention, and Chair said yes. Steve Baggett suggested that delegates leave with the secretary blank prox forms for future sessions, no problem, agreed by delegates.

Motion by Angwin to place a foundational statement to be titled "Foundations of the Republic" between the preamble and the body of the constitution. Point of order by Wanjura that motion is out of order, since was defeated at last session and must be brought again by someone who voted against it (one on the winning side).

Chair asked for report by Wanjura on Duties and Limitations Committee, read the duties of national and county govts as decided by the committee of the whole at the Corsicana session. Motion by Angwin that national and county government functions be voted upon as separate motions, seconded by Cloyce Williams. Barnett offered friendly amendment that we vote on them as separate entities, not accepted. Discussion that it's premature to vote, just a committee report. Motion carried unanimously.

Chair passed the gavel to Vice-chair Greg Scales, who recognized Don Henson, to discuss possibility of adding article on Law to constitution (see printed material and floppy disc).

Doreck - how to prove 'knowingly,' what about equity and maritime courts as Texas courts, need to differentiate somehow. Barnett - not necessary to enumerate all the laws in the constitution itself, law defined by no damage to person, liberty, property, sections 8-9 in judicial section, jury should be able to decide definitions, wants no restrictions on contracts in the constitution, up to individual to prove damage to jury by breach of contract. Benjiman Angwin - no definitions on constitution, don't agree with changing common law to Texas law. Mrs. Williams - definitions good idea in some ways, sounds good. Cloyce Williams - definitions good idea, due to ambiguity of meanings of words. Steve Baggett - good idea to keep contract disputes from clogging courts, Section 4 re threat of physical force, suggest removing or rewording that phrase, also concerned re trespassing situation where landowner would be guilty of crime. Angwin - sections 1-3 and 6-8 have no place in constitution, 4 in foundations statement, agrees to remove threat of physical force, 5 is okay but without county prosecutor, 8 is utopian and not viable, 9 is okay. Reeves - definitions left up to the jury, verbal threat not a crime, prefers common law rather than Texas law because would be easy to define, has a history. Cole - no comments. Wanjura - comments in writing and will give to Henson, wants law in the constitution and no legislature, no definitions, should change courts to Texas courts, threat is matter of perception and not defined, should state that jury can decide whether accusation is frivilous in nature, same court could handle crimes and torts as any court is its paperwork, delete 'knowingly,' define bad faith breach of contract. Jay Baggett - prefers agreement to contract, threat must be carried out in front of witness to be legit, should leave it in. Lowe - several comments. Scales - concept of putting the 'criminal code' into the constitution, elevates law to const. status and subjugates it at same time by removing it from common law status which is higher, agrees in spirit, likes definitions in constitution, what would normally be the responsibillity of legislature, section 8 not practical, would preclude our making treaties or flying outside the nation, would be willing to work with this concept of putting code into the constitution, is for a legislative body to make only those rules necessary for transition and only those in compliance with constitution, definitions of all words may change over time, agrees with changing to Texas law, threat should be part of definition of crime, should keep word 'knowingly' in definition, is good idea overall, victim of violent crime not capable of trying your own case, need someone else to do it. Floor returned to Vice-chair. Motion to formalize 'Law' as a committee, by Wanjura, seconded by Henson. Discussion as to whether criminal law should be put in the constitution, committee could come up with ideas that could benefit the convention, not agreeing to make this an Article in the constitution, just establishing as a committee for investigation. Motion carried with one opposed. Vice-chair appointed Henson as committee chairman, members to be appointed or accepted as volunteers by Henson. Ray Wanjura and Greg Scales volunteered to serve on that committee. Vice-chair returned the gavel to the Chair, who recessed the meeting at 4:00 PM. for 15 minutes. Meeting reconvened at 4:30 PM.

Chair asked for report by Greg Scales on Declaration of Rights Committee, who asked members of committee to enumerate their 'pet' rights, rights in Texas constitution had evolved as 'natural' rights from the French revolutionary period, from 'natural' law, decl says to govt that these are the limits of what you can do to others. Freedoms and rights enumerated as written. Feels that rights must be enumerated, made as clear as we can, be specific about them in order to protect people from the power of the state. Discussion of voluntary abrogation of rights, as in contracts/agreements, and voluntary indentured servitude. POO by Lowe regarding discussion of Spanish version of constitution, that it is not relevant to discussion at hand, which pertains to rights. Discussion of writ of habeas corpus, right to travel as conflicting with property rights. Henson passed out written comments on Declaration of Rights and sample Article on General Restrictions on Government - rather than calling some of these rights, could call them limits on government, could place some limits within judicial section. Wanjura wants to leave decl of rights open-ended, with very few words, and not specify a list of rights, so not open to interpretation. Want to put limits on government and to state our rights, also.

Scales returned the floor to the Chair. Chair suggests that we recess until secretary can make copies of proposals by Scales (committee report) and by Wanjura. Recessed at 5:50 PM and reconvened at 6:15 PM. Chair ruled to form a committee of the whole for discussion of Article 1 and passed the gavel to Greg Scales as chairman of the committee at 6:17 PM.

Committee chairman passed the gavel to the convention Chair at 7:20 PM. Wanjura moved to recess until 9:00 AM. on August 24, seconded by Reeves. Motion carried unanimously. Meeting recessed at 7:25 PM.

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