Texas Constitutional Convention Updates

Approved Minutes of Session 7

Notes from 13 Dec meeting
Notes from 14 Dec meeting

The seventh session of the Texas Constitutional Convention 1997 convened at 9:12 A.M. on December 13, 1997, at the Gold Key Inn in Brownwood, Texas, with both the elected chair and secretary of the convention present. The invocation was given by Mr. Williams. The secretary called roll and certified that a quorum of delegates was present: Don Henson, Wesley Burnett, Robert Kesterson, Archie Lowe, Sara Lowe, Ray Wanjura, Charles Doreck, Bobby Sudbury as proxy for Robert Sudbury, Jay Baggett, Steve Baggett, Cloyce Williams, Karen Williams, and Kay Procter as proxy for Alonso Martinez. Monty Barnett arrived at the session at 9:35 A.M.

The Chair requested that the delegates review the hard copies placed before them of the proposed minutes for the sixth session, and attachment A, The Emerging Document. Mr. Burnett moved to approve the minutes as presented, and the motion carried unanimously.

Mr. Lowe presented the treasury report, which showed a balance of $404.05. Mr. Burnett reported that an anonymous donor had covered the cost of advertising for the month, for a total of $85.44. Mr. Lowe passed the hat.

The Chair asked whether there were any delegate resignations received, and Ray Wanjura submitted his resignation, to become effective at the adjournment of the seventh session on December 14, 1997, and cited pressing personal reasons. The Chair asked whether any visitors wished to become delegates, and none present so stated. Mr. Burnett presented the report from the Site and Calendar Committee, stating that the convention site was set through March at the same location, and that the room rate would increase to $50 in 1998. Mr. Burnett then presented the report from the Lawful Process committee, which is currently considering two proposals, one to petition the State of Texas to place the issue on a ballot, and the other when the first fails, to work via the county convention process using the model provided in the US constitution, Article 7, which requires 2/3 of the political subdivisions to vote for ratification. The committee is also considering the incremental ratification process, whereby the convention adopts the constitution, and as other citizens adopt the constitution, and numbers increase, the state could then be approached with a transition plan. Mr. Burnett requested that anyone who could spend time in the library researching this issue should sign up for the committee.

The Chair asked for motions to fine-tune the emerging document. Mr. Burnett moved to change Section 2, Article 2, replacing the words "or forms as specified in this constitution," to "or form of government as specified in this constitution." Mr. Wanjura offered a friendly amendment to change the wording to "modify any governmental processes, duties, responsibilities, or form of government as specified in this constitution." This change was acceptable to Mr. Burnett. The motion carried unanimously.

Mr. Burnett moved to add the following to Article 2, to be titled Section 18: "No government shall own title to any property not specifically authorized by this constitution." The Chair declared an open forum to discuss the motion, and then returned the convention to formal session. By consensus the delegates offered a friendly amendment to change the wording to "Government shall never own title to any real property which is not specifically authorized by this constitution," which was acceptable to Mr. Burnett. Mr. Barnett moved to table the motion, which motion to table failed for lack of second. The original motion as amended carried.

The Chair passed the gavel to Mr. Lowe acting as Vice-Chair. Mr. Henson moved to reword Article 3, Section 4, to read: "The obligations of contracts shall not be impaired, provided only that all parties to the contract entered the contract knowingly, willingly, and voluntarily." The motion carried unanimously.

Mr. Henson moved to reword Article 2, Section 3, to read: "Government shall never operate outside the limits of a budget which shall never exceed ninety percent of the revenue collected the previous year." The motion carried unanimously.

Mr. Henson moved to reword Article 2, Section 5, to read: "Government shall never restrict individuals from training individually or as a group with arms for the collective defense of life, liberty, or property." Mrs. Lowe moved to table until delegates had an opportunity to consider the issues further. The motion to table carried, 6 for, 5 against, 1 abstaining.

Mr. Henson moved to add Article 2, Section 19, to read: "Government shall never use anything other than gold or silver or drafts on accounts containing sufficient gold and silver to cover the amounts of outstanding drafts to pay its obligations. Amounts shall be denominated in Alamos, defined as ten grams of 0.9999 gold, or Goliads, defined as ten grams of 0.9999 silver. This shall not prevent individuals from using whatever medium of exchange the free market may allow." Mr. Barnett suggested a friendly amendment to drop the last two sentences, which was acceptable to Mr. Henson. The motion carried unanimously.

Mr. Henson moved to add a title to Article 3, Section 6, to be titled "Writ of Habeas Corpus." The motion carried unanimously.

Mr. Lowe returned the gavel to the Chair. Mr. Burnett moved to add the following to Article 2 as Section 19: "Government shall never restrict individuals from assembling." Mr. Kesterson suggested that the wording be changed to "freely associating or assembling," which Mr. Burnett accepted as a friendly amendment. The motion carried unanimously.

The Chair requested recess for ten minutes at 11:35 A.M. and reconvened the session at 11:40 A.M. The Chair then declared that since three delegates, Greg Scales, Daniel Childress, and Loraine Childress, had not appeared at the session by 11:00 A.M. and had missed the previous session with no proxies present in either case, in accordance with the resolutions of the convention they were no longer seated as delegates. Mr. Burnett was accepted by acclamation as Vice-Chair of the convention.

Mr. Henson presented the Law Committee report and handed out copies of a proposal for Article 5, Part 1, for consideration by the delegates. The Chair declared the session recessed at 11:50 A.M. until 1:30 P.M.

The session reconvened at 1:37 P.M. The Chair suggested that the session form a committee of the whole to discuss the Law Committee proposal, with the committee chair moderating, to which the delegates agreed by consensus. At 6:30 P.M. the committee chair returned the committee of the whole to formal session. Mr. Burnett moved to adopt Article 5, Part 1, as amended by the committee of the whole, and the motion carried unanimously. The Chair then dissolved the Law Committee, as its purpose had been fulfilled.

Mr. Wanjura moved to add Article 3, Section 6, to read: "Any individual accused of a crime or tort shall be presumed innocent until proven guilty." The motion carried unanimously.

The secretary requested that Mr. Burnett act as temporary secretary of the convention on the following day, and he agreed. At 7:00 P.M. the Chair declared the session in recess until 9:00 A.M. on December 14, 1997.

The seventh session of the Texas Constitutional Convention 1997 reconvened at 9:00 A.M. on December 14, 1997, in the same location as on the previous day, with the elected chair and temporary secretary, Mr. Wesley Burnett, present. The secretary certified a quorum present.

The Chair declared a committee of the whole to discuss proposals related to national government, with Mr. Wesley Burnett moderating the discussion. The committee tentatively agreed to wording for Article 4, Parts 2-4, and Mr. Henson offered to present a consolidated proposal from the session notes to the convention at the next session. The moderator then passed the gavel back to the Chair of the convention to return to regular session.

Mr. Williams moved to reword Article 2, Section 5, to read: "Government shall never restrict individuals from assembling for training with arms for the collective defense of life, liberty, or property." The motion carried.

Mr. Wanjura moved to adjourn until 9:00 A.M. on January 10, 1998, at the same location in Brownwood, Texas. The motion carried, and the seventh session of the Texas Constitutional Convention 1997 adjourned at approximately 3:30 P.M. on December 14, 1997.

Sara Lowe
Secretary of Convention

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Copyright at Common Law, West El Paso Information Network, 1998