Texas Constitutional Convention Updates

Approved Minutes of Session 5

Notes from 11 Oct meeting
Notes from 12 Oct meeting

The Fifth Session of the Texas Constitutional Convention 1997 was convened in Brownwood, Texas, at 9:35 A.M. on October 11, 1997, both the elected chair and the secretary of the convention being present. The secretary called the roll and certified that a quorum was present, comprised of the following seated delegates:

Donald Dale, Henson
Robert William Kesterson
Archie Huel, Lowe
Cloyce Williams
Gregory Scales
Wesley W. Burnett
Sara Lowe
Robert L. Sudbury
Janice Henson for Alonso Martinez
Monty Lynn Barnett
Daniel Wayne Childress
Loraine Childress
Charles A. Doreck
Ray Wanjura

Not present at the session were James Gamble, David Sanders, Michael Angwin, Benjiman Angwin, Charlie Duncan, Roger Erickson, Randall Holt, Jerry Pool, Judy Pool, and Dick Williams.

The Chair called the meeting to order and offered to entertain a motion to approve the minutes for the third session as presented, so moved by Mr. Wanjura, and the motion carried unanimously. Mr. Scales moved that the minutes for the fourth session be approved as presented, and the motion carried unanimously.

The treasurer's report was presented by Mrs. Childress, who stated that the total amount of funds in the treasury was $434.82. Mrs. Childress asked to be allowed to resign as treasurer. Mr. Wanjura moved to accept her resignation, and the motion carried unanimously. The Chair offered to entertain a motion to nominate another delegate to the office of Treasurer. Mr. Burnett moved to nominate Archie Lowe, and the nomination was approved by acclamation.

The Chair requested a report from the chair of the Site and Calendar Committee, Mr. Burnett, who stated that he had nothing to report, as the site and dates were set for several months, unless anyone had problems with the Brownwood location. Mr. Lowe, as treasurer, passed the hat. The Chair requested a report from the Lawful Process Committee; however, Mr. Angwin, chair of that committee, was not present. A motion from Mr. Barnett to table the report failed for lack of second. Mr. Burnett reported for the committee that he is now a committee of one, and that since much work had already been done, he needed help to finish the plan to assure a lawful process for future ratification of the constitution.

Mr. Kesterson then requested the floor and addressed the delegates on the right to life issue, and moved that the Declaration of Rights section of the constitution include the following clause: "Every person has an unalienable right to life from physical conception to natural death." Mr. Scales offered a friendly amendment which was not accepted that an individual shall not be deprived of life which begins at conception and ends with natural death without extraordinary due process of law. The Chair then passed the gavel to Mr. Scales as vice-chair and addressed the assembly concerning the issue. The session recessed at 10:50 A.M. for ten minutes to allow for informal discussion and reconvened at 11:08 A.M. Mr. Wanjura moved to table the motion on the floor until delegate resignations could be voted on and replacement delegates could be considered; the motion carried with two nays.

Mr. Lowe reported that the convention had received $5.00 from the sale of bumper stickers, and additional donations of $81.00, for a new treasury total of $520.82.

The Chair read David Sanders' resignation into the record and Mr. Burnett moved to accept the resignation, which motion carried unanimously. The secretary read the list of those delegates who had missed two consecutive sessions without proxies, and in the absence of any objections, the Chair declared that according to the rules adopted by the convention, the following individuals were no longer seated as delegates: Mike and Benjiman Angwin, Charlie Duncan, Roger Erickson, Randall Holt, Jerry and Judy Pool, and Dick Williams.

The Chair asked if any present wished to be seated as delegates. Karen Williams expressed her desire to become a delegate, and Mr. Burnett moved to accept her application; the motion carried unanimously. Jay Baggett also asked to become a delegate, so moved by Mr. Scales; again, the motion carried unanimously.

Mr. Barnett moved to table the motion on the floor until the judicial process had been discussed and a draft of what would constitute law in Texas was available as a framework, but he yielded the floor to Karen Williams and Jay Baggett for their comments on the motion concerning the right to life. The motion to table failed, with five in favor, ten against. The Chair recognized Christine Kesterson, a visitor to the convention, who addressed the delegates and affirmed her belief that the right to life should be defined in the constitution. The Chair opened the floor for informal discussion. Mr. Lowe called for a vote, and Mr. Burnett offered a friendly amendment to add that "No person shall be deprived of life without due process of law as defined by this constitution," which was acceptable to Mr. Kesterson. The motion carried by roll call vote, with twelve in favor, one against, and two abstaining.

The session recessed at 12:15 P.M. and reconvened at 1:47 P.M. Mr. Barnett moved that the agenda be amended to address Articles 2-5, courts/judicial system/due process, next, and the motion carried unanimously. The Chair passed the gavel to Mr. Scales, vice-chair, and Don Henson as chair of the Law Committee presented their report, recommending that Texas law become an article in the constitution, to be included after the rights article(s). The Chair declared an open forum for discussion as a committee of the whole.

The session recessed at 4:20 P.M. for ten minutes and reconvened at 4:35 P.M. as a committee of the whole to continue discussion on the Texas law article. Mr. Burnett moved that the convention adopt the report of the committee of the whole entitled The Law, sections 1-4, as an article in the constitution, to be numbered later. The motion carried with one nay. The discussion of the committee of the whole continued on the judicial portion of the Law Committee's report. The Chair suggested that the delegates agree by consensus to table the section on national courts so that the Law Committee could rework that section, which was unanimously agreed.

Discussion continued on the Courts of Common Justice section. The Chair declared recess until 9:00 A.M. on Sunday, October 12, 1997, and the session recessed at 6:45 P.M.

The Fifth Session of the Texas Constitutional Convention 1997 reconvened in Brownwood, Texas, on October 12, 1997, at 9:02 A.M., both the elected chair and the secretary of the convention being present. The secretary certified that a quorum was present. The Chair requested that the delegates update the contact list being passed around the table. The Chair read the list of standing committees and members, which was corrected by consensus of the convention and updated to include all current committees.

Mr. Wanjura suggested that the committee of the whole sessions which were shown on the agenda to be chaired by Mr. Angwin be assigned to other moderators. Mr. Burnett moved to strike Article IX, the People, from the constitutional outline, and the motion carried unanimously. By consensus the delegates determined that the article on Revenue be moderated by Mr. Wanjura, and the article on Transition be moderated by Mr. Burnett.

The agenda items shown as motions by Mr. Burnett which were previously under Article IX were moved into Article VI, Elections, by consensus of the delegates.

The Chair declared an open forum of the committee of the whole to continue the previous day's discussion of the judicial system, county court level. The delegates agreed to consider that agenda item complete for purposes of discussion by the committee of the whole. The Law Committee agreed to continue working via E-mail, and Mrs. Lowe and Mr. Kesterson were added to the committee.

The Chair requested the Declaration of Rights committee's report. Mr. Burnett, in the absence of Mr. Scales, presented a handout on Article 1, Declaration of Individual Rights, for delegates' consideration. The Chair passed the gavel to Mr. Burnett and declared an open forum for discussion as a committee of the whole, Mr. Burnett moderating. Mr. Burnett returned the gavel to the Chair at 11:28 A.M., and the Chair declared the session in recess until 1:00 P.M. The session recessed at 11:30 A.M. and reconvened at 1:05 P.M. The Chair passed the gavel to Mr. Burnett to moderate the committee of the whole in discussion of Article 1. Mr. Burnett returned the gavel to the Chair after the committee's discussion and moved that the declaration of rights as amended by the committee of the whole be adopted as Article I of the constitution; the motion carried unanimously.

Mr. Burnett was given the floor to present a proposal to include the need to maintain existing public rights of way that extend beyond the boundaries of any one county as the twelfth function of national government. The Chair passed the gavel to Mr. Wanjura to moderate the discussion as a committee of the whole. The consensus of the delegates was to accept the addition to national government functions as proposed by Mr. Burnett. Mr. Wanjura read the itemized functions of the national and county governments as previously discussed at the second session, and the delegates agreed by consensus that the items as written were not in sufficiently finished form to be included in the constitution, and that discussion on the functions of government would be continued at the next session.

Mr. Wanjura returned the gavel to the Chair and Mr. Kesterson moved to adjourn until November 8, 1997, at 9:00 A.M., in the same location in Brownwood. The fifth session of the Texas Constitutional Convention 1997 adjourned at 2:25 P.M. on October 12, 1997.

Sara Lowe
Secretary of Convention

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