Texas Constitutional Convention Updates

Approved Minutes of Session 10

Approved Minutes of the Tenth Session of the Texas Constitutional Convention of 1997

Notes from 14/15 Mar meeting

Chairman Don Henson called the meeting to order at 9:02 a.m., March 14, 1998 in Brownwood at the Gold Key Inn. Acting secretary Wesley W. Burnett called the roll and declared a quorum present. Attending the session were:

Jay Baggett; Kay Procter, proxy for Monty Barnett; Wesley Burnett, Charles Doreck, Don Henson; Ray Wanjura, proxy for Alonso Martinez; Bobbie Sudbury, proxy for Robert Sudbury; Cloyce Williams and Randy White, proxy for Karen Williams.

Delegates absent for the session were Steve Baggett, Archie Lowe and Sara Lowe.

Delegates reviewed the minutes of the Ninth Session and after making three corrections, approved the minutes.

The treasurer not being at the meeting, there was no treasurer report.

The e-mail resignation submitted by Sara Lowe was not acted upon, as delegates agreed by consensus that the previous policy regarding resignations should continue, requiring a written and signed resignation to the chairman or secretary.

Burnett reported for the Site Selection Committee, explaining options for future meeting sites. Delegates accepted the proposal to set the next meeting date on May 9-10 in Abilene at a location to be determined by the site committee.

Delegates individually contributed $44 to the treasury. Doreck agreed to deliver the funds to the treasurer.

The chairman announced members of various committees:

Public Relations Committee

Wesley W. Burnett, Chair

Robert Kesterson

Site and Calendar Committee

Wesley W. Burnett, Chair

Bobbie Sudbury

Monty Barnett

Document Review Committee

Sara Lowe, Chair

Donald D. Henson

Robert Kesterson

Lawful Process and Transition Committee

Wesley W. Burnett, Chair

Sara Lowe

Jay Baggett

Donald D. Henson

Delegates agreed with the chairman to name Wesley Burnett as chair of the publicity and advertising committee.

At the chairman's suggestion, the convention recessed and entered into informal session as a committee of the whole to debate Article 7, funding of government. The debate continued from 9:40 a.m. to the lunch break at 12:10.

After returning from lunch, the committee of the whole work continued at 1:40 p.m. and returned to regular session at 2:06 p.m.

Wanjura moved, seconded by Procter, to replace all of Article 7 with the recommendations of the committee of the whole. The motion was adopted unanimously.

The new Article 7 is as follows:

Section 1 - Government shall be funded by a voluntary percentage charge on sales of goods and services. All individuals collecting this voluntary charge shall disburse all collected funds to the county treasurer once every calendar month.

Section 2 - County Administrative Councils may raise additional funds by using voluntary methods, providing that these methods are advertised as, and are in fact, strictly voluntary.

Section 3 - County Administrative Councils shall retain seventy percent of revenue for funding county government functions.

Section 4 - County Administrative Councils shall disburse thirty percent of revenue to the National Treasurer for funding national government functions.

Burnett then moved to delete Article 4, Part 3, Section 3, paragraph j with Wanjura seconding. The motion was adopted without opposition.

Burnett moved, White seconded, to change Article 5, Part 1, Section 6, paragraph c, replacing with new paragraphs c and d. The motion carried unanimously. The new paragraphs:

c. A jury of twelve individuals shall be impaneled by a lot from the available jury pool. The justice shall direct the bailiff to draw names for jury selection. A total of fourteen names shall be drawn for a panel of twelve jurors and two alternates.

d. A juror may be removed from a jury by a unanimous vote of the other jurors only if the juror fails to appear at the appointed time and place. In the event that a juror is so removed, an alternate juror shall be impaneled.

Burnett moved, Baggett seconded to delete Section 10 of Article 2. The motion was amended to add the following words to Section 10: "without due process of law" and was approved by all delegates. The new Section 10 of Article 2:

Government shall never infringe the inherent right to privacy of any individual, without due process of law.

Burnett moved, Wanjura seconded, to remove the words "except as authorized by this constitution" from Section 1 of Article 2. The motion was approved unanimously now reading as follows:

Government has no rights or powers, neither implicit nor explicit.

Burnett moved, Procter seconded to add new Section 23 of Article 2. The motion was adopted without opposition. The new Section 23:

Government shall never own sources of water or methods of extracting water from its source.

Burnett moved, Baggett seconded, to add new Section 24 of Article 2. The motion passed with one opposed. The new Section 24, Article 2:

Government shall never regulate the use of publicly owned rights of way.

Burnett moved, Baggett seconded, to add new Section 25 of Article 2. The motion passed without opposition. The new Section 25:

Government shall never impose emergency powers nor suspend any part of this constitution, either in time of war or for any other reason.

Burnett moved, Williams seconded, to change Article 4, Part 2, Section 2. The motion carried unanimously. The new Section 2:

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

b. Proposed treaties shall be submitted to the National Assembly for approval or rejection.

Burnett moved, Baggett seconded, to add new Section 7 to Article 3. The motion carried without opposition. The new Article 3, Section 7:

Treaties shall recognize that Texas county courts have original jurisdiction for extradition matters. The accused shall be afforded due process as defined by this constitution. Only a Texas county court may force an individual to be involuntarily extradited to another nation.

Burnett moved, Procter seconded, to add new Section 9 to Article 8. The motion carried unanimously. The new Section 9:

The national government is authorized to retain title to real property known as military installations.

Burnett moved, White seconded, to revise Section 22 of Article 2. The motion passed without opposition. The new Article 2, Section 22:

Government shall never impose taxation of any kind.

Burnett moved, White seconded, to change the wording of Sections 4 and 12 of Article 2 to include the words "within or across geographical boundaries of Texas." The was one opposed to the motion.

The new Section 4:

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

The new Section 12:

Government shall never infringe the right of the free movement of individuals within or across the geographical boundaries.

The chairman declared a 20 minute recess at 3:55 p.m.

The chairman called the convention back in session at 4:17 p.m.

Wanjura moved, Doreck seconded, to add a new section of Article 8: "The age of discretion shall be 16 years." The motion failed with one in favor, eight opposed.

Burnett moved to switch the numbers of Article 4 and Article 5, seconded by Baggett. The motion carried with one opposed. Article 4 is County Government, Article 5 is National Government.

Burnett moved, Baggett seconded, to rename Article 10 as Ratification and rename Transition as Addendum. The motion carried without opposition.

The chairman called for a committee of the whole at 4:40 p.m. to discuss the amendment process. The committee of the whole decided to scarp the amendment process.

The chairman called the convention back into session at 4:55 p.m.

Burnett moved, White seconded, to eliminate the amendment process and renumber Article 10 at Article 9. The motion carried unanimously.

Burnett moved, Procter seconded to change the wording of old Article 4, Part 3, Section 3, paragraph i. The motion passed without opposition.

New Article 4, Part 3, Section 3, paragraph i:

Terminate or extend presidential declarations of war within 20 days and every six months thereafter.

Procter moved, Wanjura seconded, to delete Article 4, Part 2, Section 4, paragraph c and to remove the word "collect" from paragraph a. The motion carried. New Article 4, Part 2, Section 4:

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

b. maintain accurate and timely records of all national revenue, expenditures and disbursements.

The chairman called the delegates into a committee of the whole at 5:05 p.m. to debate Article 9, Ratification. The committee completed its work and the convention returned to regular session at 5:35 p.m.

Wanjura moved to adopt Article 9, seconded by Procter. The motion passed unanimously. The renumbered Article 9 reads as follows:

Article 9 - Ratification

Section 1. The Texas Constitutional Convention secretary shall prepare a formal notification of the completion of the new constitution to the State of Texas Secretary of State, and upon approval by the convention, shall be signed by all delegates present. The notification and the adopted constitution shall be delivered personally by officers of the Texas Constitutional Convention.

Section 2. The constitutional convention shall appoint 12 Texans to the Texas Constitution Ratification Committee (TCRC), which shall be responsible for ensuring the lawful and peaceful ratification of this constitution.

Section 3. Texas Constitution Ratification Committee

a. Members of the TCRC shall meet the following minimum qualifications:

(1) have lived no less than six consecutive months on the soil of Texas; and

(2) have attained the age of 21 years or older preceding the adoption of this constitution by the convention; and

(3) demonstrate ability to perform the duties of the office to the satisfaction of the delegates to this convention.

b. Members of the TCRC shall serve at the discretion of the Texas Constitutional Convention.

c. The TCRC shall establish procedures for conducting county conventions for the purpose of adopting the constitution, appoint county convention coordinators, and ensure lawful notification of the date, time and place of county conventions.

d. Individuals who have lived on the soil of Texas for no less than six consecutive months and have attained the age of 18 years of age or older preceding the date of the county convention, shall be authorized to participate in the convention of the county in which they live.

Section 4. The Texas Constitutional Convention shall establish a Pure Contract Trust Organization to be known as Texas Constitution Ratification Fund (TCRF).

a. Texas Constitutional Convention of 1997 seated delegates at the time of final adoption of this constitution by the convention shall serve as trustees of the TCRF, provided they voluntarily accept this responsibility.

b. Trustees shall enter into contract with members of the TCRC, which shall include specified financial compensation to TCRC members.

c There shall be two managing directors of the TCRF. One director shall be the chairman of the TCRC and one shall be a delegate of the Texas Constitutional Convention of 1997.

d. The trust shall accept and use donations and contributions to support the ratification of this constitution.

Section 5. The ratification of this constitution by the conventions of 169 Texas counties shall be sufficient for the establishment of this Constitution between the counties so ratifying the same.

The chairman called a recess at 5:40 p.m. to reconvene at 8 a.m., March 15, 1998.

Sunday, March 15, 1998

The chairman called the convention into regular session at 8:06 a.m. and called for a committee of the whole to discuss the Transition Plan.

The chairman called the convention back into regular session.

Burnett moved and Williams seconded, to adjourn the convention until 9 a.m., May 9, 1998 with site to be determined by the site committee later.

Certifed Correct:
Donald Dale Henson
Chair

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