Texas Constitutional Convention Updates

Approved Minutes of Session 9

Notes from 14/15 Feb meeting

The ninth session of the Texas Constitutional Convention 1997 was called to order on February 14, 1998, at 9:22 A.M., with the elected secretary and Vice-Chair, acting for the Chair, both present. The secretary called the roll and certified a quorum present. The following delegates answered roll call: Wesley Burnett, Sara Lowe, Archie Lowe, Charles Doreck, Karen Williams, Cloyce Williams, Jay Baggett, Robert Sudbury, Kay Procter for Don Henson, Christine Sudbury for Alonso Martinez, and Bobbie Sudbury for Monty Barnett. Steve Baggett arrived at 10:00 A.M.

Delegates having read the proposed minutes of the eighth session, Mrs. Procter moved to approve the minutes as presented from the previous session, seconded by Mrs. Sudbury. The motion carried unanimously.

Mr. Lowe presented the Treasurer's report, stating that the balance in the treasury after the last session was $543.05. A donation from the Lubbock County constitutional writing group of $100.00 was presented to the Treasurer by Wesley Burnett, and a donation of $64.00 from the Lubbock County people's common law court was presented by Mr. Williams.

Mr. Wanjura had submitted his resignation at the close of the seventh session. Mr. Sudbury moved to accept his resignation, Mr. Doreck seconded. The motion carried unanimously. No new delegate applicants were received.

The report from the Site and Calendar Committee was presented by Mr. Burnett, who stated that the present location will not be available after March, and the committee will be looking for a new location.

The report from the Lawful Process Committee was attached to the session's agenda for the delegates' review.

Delegates discussed the issue of introducing fine-tuning motions at the beginning of every session. Mrs. Lowe wanted to know whether the delegates still wished to have her correct the constitution's sentence construction, grammar, etc., without changing any context, once the document was in final draft stage, to which all the delegates agreed. Consensus was that if any content needed to be changed, motions to address those could be brought at any time.

Mr. Jay Baggett moved that the delegates not adopt Article 4, Parts 2 and 3, seconded by Mr. Sudbury for purposes of discussion. Mr. Baggett was opposed to adopting the sections on national government, feeling that the national executive council was given the power of both purse and sword, and that the national assembly was being appointed by counties as glorified clerks, without any power to control the executive council. Mrs. Lowe mentioned that Article 4, Part 4, needed to be included in the debate, as it had not been adopted by the convention. Mr. Lowe called the question. The motion was defeated, two voting for, ten against.

The Chair offered to entertain a motion to adopt Article 5, Part 2, as amended by the committee of the whole at the last session. Mr. Sudbury moved to adopt, Mr. Williams seconded. During discussion, Mr. Jay Baggett moved to table. The motion to table failed, two voting for, ten against. The delegates continued the discussion of the motion on the floor. The motion carried, two voting against, ten for.

Article 5, Part 2. County Government

Section 1. This constitution authorizes 254 Texas counties, maintaining existing geographic borders. Each county shall include no less than four geographic precincts.

Section 2. The County Administrative Council shall consist of the following offices, to be elected by the qualified voters in each county: a sheriff, treasurer, county recorder; a commissioner for each precinct; at least one justice and one clerk of court for each county or one justice and one clerk of court for each precinct.

a. The sheriff shall maintain and operate county penal facilities where called for by two-thirds vote of the people of the county; provide bailiffs for the courts in that county; enforce orders of the courts; and uphold the law as defined by this constitution.

b. The county treasurer shall maintain accurate and timely records of revenue collections and expenditures and disburse funds to support constitutionally authorized county government functions.

c. The county recorder shall conduct an at-random lottery of citizens every six months to serve as county grand jurors; verify each grand juror's service based on the grand jury roll call records; provide accurate records of grand jury proceedings; maintain accurate records of all County Administrative Council proceedings; maintain accurate records of qualified voters casting ballots; conduct elections; maintain all records at county expense at such places as to safeguard said records; make records of every County Administrative Council proceeding publicly available after filing, in an easily searchable form, which shall be open for public inspection; and ensure that records are filed within thirty days of completion of each County Administrative Council proceeding.

d. The precinct commissioner shall represent the people of the precinct from which elected.

e. The precinct justice shall preside over and keep order in all proceedings of the county court in accordance with this constitution and shall issue or cause to be issued processes and communications necessary for proper operation of the court.

f. The county clerk of court shall conduct an at-random lottery of citizens to serve as county court jurors; record and maintain all files pertaining to each case as a court of record; maintain said files at court expense at such places as to safeguard said records; make records of every county court proceeding publicly available after filing, in an easily searchable form, which shall be open for public inspection; ensure that records shall be filed within thirty days of completion of each county court proceeding; place the seal of the court on all documents where a seal is necessary; and witness the authenticity of the documents.

Section 3. The County Administrative Council shall administer the following functions:

a. With the approval of two-thirds of all qualified voters casting ballots in an election, establish, operate, and maintain water and sewer systems to be paid for through user fees by those who voluntarily choose to use the services.

b. Organize and train voluntary county defense forces.

c. Establish rules of and maintain and publish all records of official proceedings.

d. Operate and maintain facilities for county government use.

e. Appoint one citizen to represent the county in the National Assembly, who shall have lived in that county for at least two years prior to the appointment; be at least thirty years of age at the time of the appointment; serve a term of four years; and be subject to recall at the vote of at least one-third of the County Administrative Council. The County Administrative Council shall provide county office space for the National Assembly appointee.

f. Conduct elections as authorized by this constitution.

g. Maintain existing publicly owned rights of way which do not exceed the boundaries of the county.

h. Maintain county court systems.

i. Determine the appropriate location of county courts and the number of justices and clerks necessary to secure due process of law for all individuals.

j. With the approval of two-thirds of all qualified voters casting ballots in an election, maintain and operate penal facilities.

k. Establish procedures for the collection of revenues as authorized by this constitution.

Section 4. Operating Procedures

a. The County Administrative Council may recommend financial compensation for grand jurors, county court jurors, and elected officers for a period of no more than two years. Compensation may only be implemented upon approval by two-thirds of all qualified voters casting ballots in an election. The election ballot must specify the name of the officer, the office which he or she holds, the recommended compensation for each officer, and the rate of compensation for jurors.

b. The County Administrative Council shall prepare an annual budget based on a twelve-month calendar year. The amount of expenditures for any budget year shall not exceed ninety percent of the revenue collected for the previous budget year. An auditor shall be appointed, through an annual competitive sealed bidding process, to prepare and present to the County Administrative Council a comprehensive financial audit of all county revenues and expenditures no less than once every twelve months.

c. The County Administrative Council may create additional precincts or alter the boundaries of precincts upon approval by two-thirds of all qualified voters.

d. Two-thirds of the officers of the County Administrative Council shall constitute a quorum to do business. All decisions of the council shall be by three-fourths vote of those present for approval.

e. The County Administrative Council shall meet at least monthly, on a date and time convenient and at a location easily accessible to all citizens. All meetings shall be open to the public at all times.

f. The County Administrative Council shall elect a chair and vice-chair from among their number once every twelve months. The chair shall arrange the posting of an agenda in widely accessible public places not less than 72 hours prior to every meeting.

g. The County Administrative Council shall determine and approve the appropriate number of deputies to assist elected officials.

h. The County Administrative Council may authorize the staffing of offices.

Mr. Jay Baggett requested that he be added to the following committees: elections, revenue, amendments, and lawful process. The Chair requested that the delegates form a committee of the whole for purposes of discussing the report from the Elections Committee, with the Chair continuing as moderator. The committee proposal on Article 6 was discussed, along with the definition of Texas citizenship. At 12:15 P.M. the committee of the whole recessed until 2:00 P.M. and reconvened at 2:01 P.M.

The Chair returned the committee of the whole to regular session at 2:15 P.M. and declared that as Mr. Kesterson had missed two consecutive sessions with no proxy, in accordance with prior resolutions of the convention, he was no longer considered a delegate.

The Treasurer's report of the new balance in the treasury was $752.05 after donations.

Mr. Doreck moved to adopt Article 6, Elections, as amended by the committee of the whole, seconded by Mr. Williams. The motion carried unanimously. Text as follows:

Article 6 - Elections

Section 1. Qualified voters in Texas elections shall be Texas citizens who have attained the age of 18 years or older.

Section 2. Elections for officers of the national and county governments shall be held every two years.

Section 3. The county recorder shall conduct elections according to standards established by the National Assembly.

The Chair recommended, and the delegates agreed by consensus, that they return to a committee of the whole, with the Chair acting as moderator, to discuss the committee proposal for Article 7, Funding of Government.

The Chair returned the committee of the whole to formal session at 5:05 P.M., declared recess for ten minutes, and reconvened at 5:25 P.M. The Chair recommended, and the delegates agreed by consensus, that they form a committee of the whole, with the Chair acting as moderator, to discuss the committee draft for Article 8, General Provisions.

The Chair returned to regular session at 7:05 P.M. and recessed the session until 8:30 A.M. on Sunday, February 15, 1998. The ninth session of the Texas Constitutional Convention 1997 was reconvened at 8:45 A.M., both the elected secretary and the Vice-Chair of the convention present. The secretary certified that a quorum was present.

The National Government committee, created the day before to discuss national government (article 4, parts 2-4), reported that they do not yet have a clear consensus (Cloyce Williams chairing, Charles Doreck, Jay Baggett). Committee has completed its work for purposes of this session, with no further report to present at this time.

Report from Site committee re next meeting in Abilene, San Angelo, or Brady, might also consider Lampasas as a possible site for future meetings. Bobbie Sudbury was added to the committee.

Chair offered to entertain a motion to adopt Article 4, parts 2-4, as amended by the committee of the whole, so moved by Kay Procter, second by Robert Sudbury. The motion carried with two opposed, ten for.

Article 4, Part 2. National Executive Council

Section 1. The President, Vice President, and Treasurer shall comprise the National Executive Council.

Section 2. The office of president shall be limited to the following functions:

a. Conduct treaty negotiations and ambassadorial functions with foreign governments.

b. Organize and maintain national defense forces.

c. Declare war upon invasion by a foreign power.

Section 3. The office of vice president shall be limited to the following functions:

a. Serve in the absence of the President;

b. Maintain and publish records of all official National Executive Council proceedings;

c. Operate and maintain physical facilities for official functions of the National Executive Council.

Section 4. The office of treasurer shall be limited to the following functions:

a. Collect, receive and disburse funds to support constitutionally authorized national government functions; and

b. Maintain accurate and timely records of national revenue collections, expenditures and disbursements.

c. Collect entry fees, duties, and road use fees as determined by the National Assembly.

Section 5. Financial compensation for executive officers shall be determined by the National Assembly. Such compensation shall not be changed during a single term of office.

Section 6. National Executive Council officers must be Texas citizens and be at least thirty years of age.

Section 7. Each National Executive Council officer shall be elected by qualified voters in a national election to a term of six years, and shall be ineligible to hold any national government office for six years following their term of office.

Section 8. The National Executive Council is authorized to establish procedures, rules, and regulations only for the administration and implementation of their official functions.

Section 9. Texas Rangers

a. The National Executive Council shall organize and maintain a corps of officers called the Texas Rangers. The corps shall consist of no more than 150 individuals.

b. Texas Rangers shall be nominated by the President, confirmed by the National Assembly, and commissioned by the President.

c. Texas Rangers shall provide physical security for the President, Vice-President, and Treasurer.

d. Texas Rangers shall coordinate efforts between Sheriffs and foreign agents to apprehend international criminals.

e. Texas Rangers shall maintain investigative services for use only as requested by Grand Juries.

Article 4, Part 3. National Assembly

Section 1. Each County Administrative Council shall appoint one representative to the National Assembly. Representatives shall serve a four year term and may be recalled by the County Administrative Council at any time. Financial compensation shall be determined by the County Administrative Council which appointed the representative.

Section 2. Three-fourths of the entire National Assembly shall form a quorum. All acts or decisions must have two-thirds approval of the entire body to be effective.

Section 3. The national assembly is authorized to establish procedures, rules, and regulations only for the administration and implementation of the following functions of the national assembly:

a. Establish appropriate regulations for the control of government agents or agencies in the maintenance of those existing publicly owned rights of way which extend beyond the boundaries of any one county. This authority for maintenance is strictly limited to those publicly owned rights of way existing at the time of ratification of this constitution. There shall be no authority to regulate the use of publicly owned rights of way, except as authorized by this constitution.

b. Approve or reject treaties as proposed by the President.

c. Establish uniform standards for maintaining public records.

d. Issue foreign travel documents on request of any Texas citizen and maintain records of same.

e. Confirm or deny appointments of Texas Rangers.

f. Establish uniform standards for all elections.

g. Establish rules of and publish all records of National Assembly proceedings.

h. Operate and maintain facilities for National Assembly use.

i. Terminate or extend presidential declarations of war within twenty days.

j. Establish fair and equitable rates and methods for the imposition and collection of the following fees for all vehicles entering the nation of Texas:

(1) entry fees for all land vehicles based on number of axles;

(2) duties based on the stated real value of the cargo manifest for air, land, and sea imports;

(3) road use fees for land vehicles weighing over 80,000 pounds.

Section 4. The National Assembly shall meet in session no less than one month in a calendar year but no more than three consecutive months in any calendar year. In extraordinary circumstances, the National Assembly may be called into session by the approval of no less than two-thirds of the County Administrative Councils.

Section 5. The National Assembly shall approve or deny annual budgets submitted by the National Executive Council and the national courts.

Section 6. The National Assembly shall prepare and provide a copy of the annual budget for the national government to each County Administrative Council.

Section 7. The National Assembly may authorize the National Executive Council to purchase real property in foreign nations for embassy use only, with the title to be held in the name of the nation of Texas.

Section 8. The National Assembly may authorize a foreign government to hold title to no more than ten acres of real property in Texas for embassy use only.

Article 4, Part 4. Nullification

Any national act or decision may be declared null and void by independent action of at least one-third of County Administrative Councils.

Mr. Doreck moved to adopt Article 7 as amended by the committee of the whole, Mr. Williams seconded. Concern expressed over the possibility that in future a blockade could prevent the free flow of trade between the nation of Texas and its neighbors and dry up entry fees which fund government functions, including defense forces funding. Decided by consensus that the transition and lawful process committee consider a temporary contingency plan for funding government during the transitional phase in the event of difficulties with our neighbors. Mr. Williams introduced friendly amendment to change section 2 as amended, acceptable to Mr. Doreck. Motion carried with amendments, two against, nine for, one abstaining.

Article 7. Funding of Government

Section 1. All functions of government shall be funded only as specified in this constitution.

Section 2. Government funding shall be provided by the imposition of entry fees, import duties, and road use fees at all public use entry points.

Section 3. The national government is authorized to fund their official functions using up to xx% of the total revenue from entry fees.

Section 4. The national government shall distribute (100-xx)% of the total revenue from entry fees to the county governments. Distribution of revenue shall be conducted annually and pro-rated to each county based on the total number of ballots cast in the most recent general election.

Section 5. County governments are authorized to fund their official functions using the funds distributed from the national government.

Section 6. National and county governments may raise additional funds using voluntary methods as determined by the National Assembly and County Administrative Councils, provided that participation is advertised as, and is in fact, strictly voluntary.

Chair offered to entertain a motion to adopt Article 8, so moved by Robert Sudbury, second by Charles Doreck. Several friendly amendments for wording changes, acceptable to Mr. Sudbury. Mr. Lowe moved to include a new section 8, to read as written, Steve Baggett seconded. Motion to include new section passed unanimously. Motion to adopt Article 8 as amended passed unanimously.

Article 8. General Provisions

Section 1. National and county governments are authorized to retain title to publicly owned rights of way which exist at the time of ratification of this constitution.

Section 2. The national government is authorized to retain title to those lands and buildings constituting the Capitol grounds in Austin, Texas at the time of the ratification of this constitution.

Section 3. County governments are authorized to retain title to the lands and buildings constituting the county courthouse grounds at the time of the ratification of this constitution.

Section 4. Title to other lands and buildings may be held by county governments upon the approval of two thirds of the voters of any county.

Section 5. A Texas citizen is:

a. an individual born on the soil of Texas; or one whose parents were both born on the soil of Texas and who voluntarily declares citizenship; or

b. one who has physically domiciled on the soil of Texas for not less than six consecutive months prior to affirming adherence to this constitution through voluntary affidavit.

Section 6. Individuals may retain citizenship in any nation of their choice.

Section 7. Texas boundaries shall be as herein defined: Beginning eastmost at the geographic center of the Sabine River northerly following the geographic center through Sabine Lake and Sabine Pass to the 32 Parallel (Latitude). All islands existing prior to April 8, 1812 belong to Louisiana. All islands formed after April 8, 1812 on the west side belong to Texas and on the east side belong to Louisiana. Continue due north to the Red River. Follow the geographic center of the Red River westerly to the Prairie Dog Town Fork of the Red River. Continue westerly along the Prairie Dog Town Fork to the 100 Longitude, proceed due north to the 30 36' Latitude; due west to 2 miles west of the 103 Longitude; due south to 32 Parallel (Latitude) and then due west to the Rio Grande River otherwise known as the Rio Bravo del Norte. Follow the Rio Grande along its deepest channel to the Gulf of Mexico. Follow the Gulf of Mexico easterly to the geographic center of the Sabine River. All islands along the coastline of Texas belong to Texas.

Section 8. New territory may be annexed to existing Texas boundaries by treaty when approved by three fourths of all members of the National Assembly.

Section 9. Words used in this constitution are defined in Webster's New Universal Unabridged Dictionary, based on the Second Edition of The Random House Dictionary of the English Language, the Unabridged Edition, copyright 1993, 1987; copyright 1996 by Random House Value Publishing, Inc.; published 1996 by Barnes & Noble Books, ISDN 0-7607-0288-8.

New motions from the floor as next order of business. Mr. Lowe moved to change Article 2, Section 1, to add the words 'except as authorized by this constitution.' Second by Mr. Williams. Motion carried unanimously. Section 1 now reads:

Section 1. Government has no rights or powers, except as authorized by this constitution.

Mrs. Lowe moved to change Article 2, Sections 4 and 12, to removed the words 'or across' from both sections. Second by Mrs. Sudbury. Friendly amendment by Steve Baggett to removed 'the geographical boundaries of', accepted by Mrs. Lowe. Motion passed unanimously. The two sections now read:

Section 4. Government shall never grant monopolies or perpetuities nor in any way restrict or control the free flow of trade within Texas.

Section 12. Government shall never infringe the right of the free movement of individuals within Texas.

Mr. Lowe moved to add Article 2, Section 21, as written, second by Mr. Jay Baggett. Friendly amendment to switch the order of the two sentences, accepted by Mr. Lowe and Mr. Baggett. Motion carried unanimously. Section 21 now reads:

Section 21. Government shall never extend payment or credit, gifts, subsidies, endowments, retirement benefits or anything of value or worth for any individual beyond the time of actual service to the government in whatever capacity.

Mr. Lowe moved to add Article 2, Section 22, as written, regarding restrictions on defense forces, second by Mr. Sudbury - motion withdrawn after consideration and discussion.

Mr. Lowe moved to add Article 2, Section 22, as "Government shall never impose taxation on real property." Second by Mr. Jay Baggett. Motion carried unanimously.

Chair declared recess at 11:40 P.M. until 1:00 P.M. Reconvened at 1:05 P.M. By consensus of the delegates Chair declared the convention in open forum as a committee of the whole for purposes of discussing fine-tuning and alterations to identify and remove areas of conflict within the emerging document.

Chair returned the convention to regular session. Motion by Steve Baggett, second by Mr. Williams, to accept the work of the committee of the whole in fine-tuning the emerging document. The motion carried unanimously.

Motion by Mrs. Procter as written (oath of all officers and agents to uphold the Texas constitution) as Article 8, Section 9, renumber old Section 9 to Section 10. Second by Mrs. Lowe. New Section 9 to read:

All officers elected or appointed or any agent of government shall take the following oath of office:

"I, (name), being fully aware of the consequences of exceeding the authority of my office, do solemnly affirm that I will adhere to the Texas constitution in its entirety, and will perform the functions of the office of (office) to the best of my abilities."

Motion passed unanimously.

Motion to adjourn until March 14, 1998, at 9:00 A.M. in the same location in Brownwood, Texas, by Mr. Sudbury, second by Mrs. Procter. Motion carried unanimously. Ninth session adjourned at 3:15 P.M. on February 15, 1998.

Approved at the 10th Session

Donald Dale Henson
Chairman

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