Texas Constitutional Convention Updates

Approved Minutes of Session 6

Notes from 8/9 Nov meeting

The Sixth Session of the Texas Constitutional Convention 1997 was convened in Brownwood, Texas, at 9:45 A.M. on November 8, 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 Archie Huel, Lowe

Sara Lowe Charles A. Doreck

Ray Wanjura Jay Baggett

Cloyce Williams Karen Williams

Jerry Simmons for Monty Lynn Barnett Wesley W. Burnett

Bobbie Sudbury for Robert L. Sudbury

Not present at the session were James Gamble, Daniel Wayne Childress, Loraine Childress, Robert William Kesterson, Alonso Martinez, and Gregory Brian Scales.

The Chair called the meeting to order. Mr. Wanjura moved that the record from the fifth session be amended to show that Article IX, The People, was removed from the constitutional outline rather than from the agenda; the motion carried unanimously. Mr. Burnett then moved to accept the minutes of the fifth session as amended, which motion also carried.

Mr. Lowe presented the treasurer's report showing a previous balance of $520.82, less expenses of $127.77 to secretary for mailouts and copies to date, for a current balance of $393.05.

The Chair stated for the record that no resignations had been received, and that no currently seated delegates had missed two consecutive sessions. The Chair then called for any new delegates, and Mr. Steve Baggett of Lubbock applied for delegate status. Mr. Wanjura moved that Mr. Baggett be accepted as a delegate to the convention, and the motion carried unanimously.

Mr. Burnett presented the monthly report for the Site and Calendar Committee, stating that the delegates had agreed by consensus to continue to meet in Brownwood on the second weekend of each month. Mr. Burnett then presented the report from the Lawful Process Committee, stating that work was ongoing and that various proposals were being considered and developed to promote the ratification of the new constitution.

Wanjura raised a point of order that no invocation had yet been given, and Mr. Lowe gave the invocation.

Mr. Burnett moved that the delegates tentatively renumber the articles in the emerging constitution as follows, and the motion carried unanimously.

Preamble

Article 1 - Declaration of Rights

Article 2 - Bill of Limits on Government Action

Article 3 - The Law

Article 4 - National Government

Article 5 - County Government

Article 6 - Elections

Article 7 - Revenue

Article 8 - General Provisions

Article 9 - Amendment Process

Article 10 - Transition

Mr. Wanjura moved to add the following to the end of Article 1, Section 4: "Every individual has an inherent right to the ownership, non-coercive acquisition, and use of property. The ownership and use of property shall never be limited or infringed except by due process of law as defined in this constitution." The motion carried.

Mr. Williams moved to delete the word reputation from Section 4, Article 1, which motion also carried.

Recess was declared for five minutes at 10:50 A.M., and the session reconvened at 11:00 A.M. As Mr. Gamble had failed to appear for the session and had missed the previous session with no proxy in either case, in the absence of any objections the Chair declared that according to the rules adopted by the convention, Mr. Gamble was no longer seated as a delegate.

By consensus the delegates agreed to complete work on Article 2, Limits of Government, which was begun in previous sessions, and the Chair passed the gavel to Mr. Wanjura to moderate the discussion as a committee of the whole. At 12:05 P.M. Mr. Wanjura returned the gavel to the Chair, and the session recessed until 1:30 P.M. and reconvened at 1:45 P.M. The Chair passed the gavel to Mr. Wanjura to continue the discussion on limits of government as a committee of the whole. The committee recessed for 15 minutes at 3:45 P.M. and reconvened at 4:02 P.M. The committee's report, as amended, is included in Attachment A to this record.

Mr. Wanjura passed the gavel to the Chair and the convention returned to formal session at 5:20 P.M. Mr. Burnett began a motion, and a point of order was raised by Mr. Wanjura that he submit the motion in writing. Mr. Burnett moved that the following wording be entered as Section 5 of Article 3, The Law: "Except in the case of a crime in progress, no individual shall be detained, imprisoned, nor held against his or her will in any manner, unless a lawfully executed warrant specifying the charges has been issued in accordance with this constitution." The motion carried.

The delegates agreed by consensus to address the issue of writs of habeas corpus, and after discussion, Mr. Burnett moved to place the written article on Habeas Corpus in Section 6, Article 3, The Law, as included in Attachment A to this record. The motion carried unanimously. The Chair declared at 6:05 P.M. that the session was recessed until 9:00 A.M. on November 9, 1997.

The sixth session of the Texas Constitutional Convention 1997 was called to order at 9:20 A.M. on November 9, 1997, at the same location as on the previous day, both the elected Chair and secretary being present. The secretary certified that a quorum was still present.

Mr. Burnett moved that the phrase in Article 1, Sections 1-6, "inalienable, absolute, inviolable" be removed, so that each reads 'has the inherent right....' The motion carried unanimously.

Mr. Burnett moved that the wording in Section 7, Article 1, be changed to read: "All rights are retained by the people, are absolutely inviolable, and may never be denied, infringed, or violated in any way except in the sole circumstance of conviction of a crime or tort by due process of law as defined in this constitution, and then only as directed in the particular case." The motion carried.

The secretary requested a short recess to allow the delegates time to read and consider corrections to the draft of the emerging document which had been distributed. The Chair declared a ten-minute recess beginning at 9:50 A.M. and the session reconvened at 10:00 A.M. In open forum the delegates discussed changes to the emerging document, and agreed by consensus to the changes as presented in Attachment A.

The Chair declared the session in open forum as a committee of the whole to discuss the Law Committee report, with Mr. Henson moderating as committee chair. After discussion the committee agreed to research the issues of maritime law for presentation at a future session.

The Chair declared the session recessed at 12:20 P.M. until 1:30 P.M. and the session reconvened at 1:45 P.M. The delegates agreed by consensus to enter into open forum as a committee of the whole to continue discussion of the national court system. After the discussion, the committee of the whole elected to return to formal session. Mr. Burnett moved that Article 4, Part 1, entitled National Courts, be adopted as amended by the committee of the whole. The motion carried unanimously, and the wording is included in Attachment A to this record.

The Chair then offered to entertain a motion to adjourn until Saturday, December 13, 1997, at 9:00 A.M. in Brownwood, so moved by Mr. Wanjura. The sixth session of the Texas Constitutional Convention 1997 adjourned at 3:30 P.M. on November 9, 1997.

Sara Lowe
Secretary of Convention

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