Texas Constitutional Convention Updates

Summary of 11 October 1997 Meeting (Rough Notes)

At 9:35 A.M. the Fifth Session of the Texas Constitutional Convention 1997 was called to order in Brownwood, Texas, on October 11, 1997, both the Chair and the secretary of the convention present. Secretary called the roll, certified a quorum (14) consisting of the following seated delegates:

Don Henson
Robert Kesterson
Archie Lowe
Cloyce Williams
Greg Scales
Wesley Burnett
Sara Lowe
Robert Sudbury
Jan Henson for Alonso Martinez
Monty Barnett
Daniel Childress
Loraine Childress
Charles Doreck
Ray Wanjura

Not present: James Gamble, David Sanders, Michael Angwin, Benjiman Angwin, Charlie Duncan, Roger Erickson, Randall Holt, Jerry Pool, Judy Pool, Dick Williams.

Chair offered to entertain a motion to approve the minutes for the third session as presented, so moved by Wanjura, second by Childress, approved unanimously. Same for minutes of the fourth session, so moved by Scales, second by Childress, approved unanimously. Treasurer's report by Mrs. Childress - $434.82 total; asked to be allowed to resign as treasurer. Wanjura moved to accept, second by Burnett, passed unanimously. Chair offered to entertain a motion to nominate another delegate to the office of Treasurer. Burnett moved to nominate Archie Lowe as treasurer, approved by acclamation. The Chair asked for a report from the Site and Calendar Committee, Wes Burnett, chair, who stated that he had nothing to report, unless anyone had problems with the present location in Brownswood. Archie Lowe, Treasurer, passed the hat. The Chair asked for a report from the Lawful Process Committee, Mike Angwin, chair, who was not present. A motion from Barnett to table the report failed for lack of second. Burnett reported that he is now a committee of one, lots of work done, needs help to finish the plan of ratification to assure lawful process for ratification of the constitution. Discussion of sovereign electors' rights in upcoming state elections. Robert Kesterson spoke on the right to life issue - definition from adopted dictionary - too much room for interpretation there - common law court can't handle, no one to bring a damage claim, not an issue of quality of life but of life itself - once you start down the path of latitude in this definition, you end up in trouble - whether it's politically correct is not an issue - motion reads: that the Declaration of Rights section of the constitution include the following clause: "Every individual has the inherent inalienable, absolute, inviolable right to life from physical conception to natural death." Second by Cloyce Williams. Discussion, and more discussion. Alternate offered by Greg Scales: An individual shall not be deprived of life which begins at conception and ends with natural death without extraordinary due process of law. Comments from all in room, Chair then passed the gavel to Scales and made comments concerning the issue. Recessed at 10:50 am, returned to session at 11:08 am. Wanjura moved to table the motion until the acceptance of delegate resignation and interviewing/accepting replacements delegates, second by Cloyce Williams, motion carried with two nays. Treasurer's report by Lowe, $5 from sale of bumper stickers, plus donations of $81.00, total of $520.82. Chair read resignation from David Sanders into the record - resigning due to press of business, unable to attend. Motion by Burnett, second by Childress, to accept the resignation, motion carried unanimously. Secretary reads list of those who had missed two sessions, and in absence of objections, Chair declared that they were no longer seated as delegates, which is Mike and Benjiman Angwin, Charlie Duncan, Roger Erickson, Randall Holt, Jerry and Judy Pool, Dick Williams, agreed by consensus of the convention; new quorum is 8. Chair then asked if any present wanted to be delegates. Karen Williams applied - Burnett moved to accept her as delegate, second by Sudbury, motion carried unanimously. Jay Baggett also applied, motion by Scales, second by Baggett, motion carried unanimously. Quorum is now 10. Back to motion on definition of life. Barnett moved to table until we get through the judicial process decision and have a draft of what will constitute law in Texas, but yielded the floor to Karen Williams and Jay Baggett for their comments on the motion of right to life. Motion to table seconded by Childress. Five in favor, ten against, motion to table failed. Christine Kesterson asked and made a statement to the convention that she believed the definition of life should be defined in the constitution. Chair opened floor for informal discussion. Lowe - called for a vote, Burnett asked to make a friendly amendment "No individual shall be deprived of life without due process of law as defined in this constitution." (added to previous statement) which was acceptable to Kesterson. Motion carried by roll call vote, 12 for, 1 against (Wanjura), 2 abstained (Jan Henson and Daniel Childress).

Chair declared recess until 1:30 P.M., recessed at 12:15 P.M. Reconvened at 1:47 P.M. Motion by Barnett that we amend the agenda to address Articles 2-5, Courts/judicial system/due process, next, second by Burnett, motion passed unanimously. Report from the Law Committee, Don Henson, chair, Wanjura and Burnett, committee members, recommend that The Law become an Article in the constitution after rights articles. Chair declared open forum for discussion. Chair declared recess at 4:20 P.M. for ten minutes and reconvened at 4:35 P.M. Continued discussion on Article on Law. Motion by Burnett that we adopt the committee of the whole report entitled The Law, sections 1-4, as an article in the constitution, to be numbered later, seconded by Cloyce Williams. Discussion. Motion carried, one nay. Discussion on Judicial portion of Law Committee report. Chair suggested that we agree by consensus to table the section on national courts so that the Law committee can rework that section. Discussion on section 3, Courts of Common Justice. Chair declared recess until 9:00 A.M. on Sunday, October 12, 1997, and the session recessed at 6:45 P.M.

Convention Update Index

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