Texas Constitutional Convention Updates

Approved Minutes of Session 8

Notes from 10/11 Jan meeting

The eighth session of the Texas Constitutional Convention 1997 was called to order at 9:24 A.M. on January 10, 1998, with the elected secretary and appointed chair, Wesley W. Burnett, present. Mr. Burnett delivered the invocation. The secretary called the roll and certified that a quorum was present. The following delegates answered roll call: Wesley Burnett, Sara Lowe, Chad Savage for Archie Lowe, Charles Doreck, Kay Procter for Don Henson, Bobbie Sudbury for Robert Sudbury, Monty Barnett, Cloyce Williams, Karen Williams, and Jay Baggett. Steve Baggett arrived at 10:00 A.M.

Delegates having read the proposed minutes of the seventh session, Mr. Williams moved to approve the minutes as presented. The motion carried.

Mr. Savage presented the Treasurer's report, stating that the last balance was $404.05, and donations were received at the previous session totaling $74.00, for a new balance of $478.05. He passed the hat.

No delegate resignations or new applicants were received. The Site and Planning Committee reported that they had nothing new to report. The Lawful Process committee also had no new work to report.

Motion to reword the preamble to change 'the People of Texas' to 'people of Texas' by Mrs. Williams failed for lack of second.

Mr. Williams moved to reword Article 2, Section 5, to insert the words 'individual or' before the word 'collective.' Mr. Barnett offered a friendly amendment to change 'for training' to 'to train' and include 'individual or.' Motion carried, one opposed.

Mr. Barnett moved to reword the preamble to read: 'We, the people of Texas, invoking the blessings of God our Creator, do ordain and establish this constitution.' Motion carried unanimously.

Mr. Jay Baggett moved to add Article 1, Section 8, to read: "The right to vote shall not be deprived or find demise in any way whatsoever." Mrs. Lowe moved to table the motion, in order to address this issue during the discussion on elections and vote franchise. Motion to table carried.

Mr. Jay Baggett moved to add Article 2, Section 21, to read: "Neither implied powers nor authority shall ever exist. This constitution is expressly specific, and shall not be construed, now or ever, to avail any implied powers, authority, or jurisdiction." Friendly amendment was offered by Mrs. Lowe to amend as Article 2, Section 1, to read: 'Government has no rights or powers, neither implicit nor explicit.' This being acceptable to Mr. Baggett, the motion carried as amended.

Mr. Jay Baggett moved to amend Article 4, Part 1, Section 7, as written, with a friendly amendment offered by Mr. Barnett to change as re-written: "The chief justice of the supreme court shall be appointed by 2/3 vote of the district justices. The chief justice shall have no other official duties, shall hold office for three years, and shall not hold office more than two consecutive terms." Motion carried.

An unrecorded delegate moved to change Article 5, Part 1, Section 6, paragraph g, third sentence to read: "The justice shall inform the jury that they are not bound by anyone's opinions." Motion carried.

The Chair appointed Mr. Barnett as Parliamentarian, which was agreed to by consensus of the delegates.

Mr. Barnett moved to amend Article 4, Part 1, Section 1, to reword the first sentence to change government' to court.' Motion carried unanimously.

Mr. Barnett moved "to accept Article 4, Parts 2 and 3, as written." Mrs. Lowe moved to table the motion in order to return to committee of the whole with Mr. Barnett moderating. Motion to table carried, and delegates went into open forum for discussion. Mr. Barnett returned the gavel to the Chair at 12:15 P.M., and the Chair declared recess until 1:30 P.M.

The session reconvened at 1:50 P.M., and the Chair declared a committee of the whole to continue the discussion concerning Article 4, National Government, Mr. Barnett moderating.

The moderator returned the gavel to the Chair. Motion to accept the work of the committee of the whole for Article 4, National Government, Parts 2 and 3, as amended, passed unanimously.

Mr. Jay Baggett moved to amend Article 4, Part 1, sections 2, 3, 4, 7, 8 so that all references to Congress are changed to National Assembly. Motion carried..

Mrs. Lowe moved to add section 10, Article 4, Part 1: "National courts are authorized to establish procedures, rules, and regulations only for the administration and implementation of their duties." Motion carried.

Mrs. Lowe moved to add section 11, Article 4, Part l: "National courts shall prepare and submit annual budgets to the national assembly for approval or rejection." Motion carried.

The Chair declared a committee of the whole to discuss Article 5, Part 2, County Government, with Mr. Barnett moderating. At 7:35 P.M. the moderator returned the gavel to the Chair. Mrs. Williams moved that the work of the committee of the whole be accepted as amended. Motion carried, with two abstaining. At 7:45 P.M. the Chair declared the session recessed until 9:00 A.M. the following day.

The Chair called the eighth session of the Texas Constitutional Convention 1997 to order at 9:05 A.M. on January 11, 1998, with the elected secretary and appointed Chair both present. The secretary certified that a quorum was in attendance. The Chair recommended to the delegates that they enter into a committee of the whole for purposes of discussing the committee proposals for Article 8, General Provisions, to which suggestion the delegates agreed by consensus, with Mr. Burnett moderating the committee discussion. The Chair declared the convention returned to formal session at 11:00 A.M. Mr. Steve Baggett moved to adjourn until February 14, 1998, at 9:00 A.M., at the same location. The motion passed unanimously. The eighth session of the Texas Constitutional Convention 1997 adjourned at 11:05 A.M. on January 11, 1998.

Sara Lowe
Secretary of Convention

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