Texas Constitutional Convention Updates

Summary of 10/11 January 1998 Meeting (Rough Notes)

The eighth session of the Texas Constitutional Convention 1997 was convened at 9:24 A.M. on January 10, 1998, the elected secretary and appointed chair, Wesley W. Burnett, both 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, Jay Baggett. Steve Baggett arrived later.

Delegates having read the proposed minutes of the seventh session, Mr. Williams moved to approve the minutes as presented, and Mrs. Procter seconded. 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 Karen Williams failed for lack of second.

Motion by Cloyce Williams to reword Article 2, Section 5, to insert the words 'individual or' before the word 'collective,' second by Kay Procter. Discussion. Mr. Barnett offered a friendly amendment to change 'for training' to 'to train' with arms 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.' Mr. Williams seconded. 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." Mr. Barnett seconded. Motion to table by Sara Lowe, second by Mr. Barnett, to bring up 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.". Mr. Williams second. Discussion. Friendly amendment by Sara Lowe to amend as Article 2, Section 1, to read: 'Government has no rights or powers, neither implicit nor explicit.' Acceptable to Mr. Baggett. Motion carried as amended.

Steve Baggett arrived at 10:00 A.M.

Mr. Jay Baggett moved to amend Article 4, Part 1, Section 7, as written. Steve Baggett seconded. Discussion. Friendly amendment 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.

Motion to change Article 5, Part 1, Section 6, paragraph g, to read in third sentence: 'The justice shall inform the jury that they are not bound by anyone's opinions.' Second by Karen Williams. Discussion. Motion carried.

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

Motion by Jay Baggett to amend Article 4, Part 1, to remove the word National from the heading. Second by Steve Baggett. Motion withdrawn after discussion. Motion by Mr. Barnett to amend Article 4, Part 1, Section 1, to reword the first sentence to change government' to court.' Second by Kay Procter. Motion carried unanimously.

Written motion "to accept Article 4, Parts 2 and 3, as written," by Mr. Barnett, seconded by Mr. Williams. Motion to table by Sara Lowe, second by Cloyce Williams, and to return to committee of the whole, Mr. Barnett moderating. Motion to table carried, 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.

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

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.

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

Motion by Sara Lowe 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. Barnett second, motion carried.

Motion by Sara Lowe to add section 11, Article 4, Part l: National courts shall prepare and submit annual budgets to the national assembly for approval or rejection. Steve Baggett second, motion carried.

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. Karen Williams moved that the work of the committee of the whole be accepted as amended. Mr. Barnett seconded. Motion carried, with two abstaining. Chair declared session recessed until 9:00 A.M. the following day. Session recessed at 7:45 P.M.

Chair reconvened the eighth session of the Texas Constitutional Convention 1997 at 9:05 A.M. on January 11, 1998, 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., in the same location. Charles Doreck seconded, and the motion passed unanimously. Eighth session adjourned at 11:05 A.M. on January 11, 1998.

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