Texas Constitutional Convention Updates

Summary of 14/15 February 1998 Meeting (Rough Notes)

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.

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: 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 P.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.

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.

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.

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.

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 georgrapical boundaries of', accepted by Mrs. Lowe. Motion passed unanimously.

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.

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.

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

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