Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
Approved Minutes of the Eleventh Session of the Texas Constitutional Convention of 1997
Chairman Don Henson called the meeting to order at 9:02 am, May 9, 1998 in San Antonio at the Quality Inn Northwest. Acting secretary Wesley W. Burnett called the roll and declared a quorum present. Attending the session were:
Jay Baggett
Monty Barnett
Wesley Burnett
Charles Doreck
Don Henson
Alonso Martinez
Robert Sudbury
Cloyce Williams
Karen Williams
Delegates absent for the session were Steve Baggett, Archie Lowe, and Sara Lowe.
Delegates reviewed and approved the minutes of the Tenth Session.
The treasurer not being at the meeting, there was no treasurer's report.
Kay Procter and Bobbie Sudbury of Abilene were accepted by the convention to serve as seated delegates.
Wes Burnett reported for the Site Selection Committee, explaining options for future meeting sites. Delegates accepted the proposal to set the next meeting date in Fredericksburg or an alternate location to be determined by the site committee.
The lawful process committee was renamed the Lawful Process and Transition Committee.
Monty Barnett was recognized and opened up a discussion about including a base currency in the constitution. The chair recommended the convention recess and to form as a committee of the whole for the discussion, which began approximately 9:30 am. Aftger airing various ideas, it was agreed that a subcommittee would be formed to formulate a motion to be considered later. The chair reconvened the session at 10:10 am.
The chair introduced a page by page summary of the trust indenture, Texas Constitution Ratification Fund, and the session entered into a committee of the whole for the discussion. At 11:10 am the session was reconvened.
The acting secretary announced that three delegates had missed two consecutive meetings without providing proxies, leaving three vacant seats as a result of the attendence rule. Unseated were Steve Baggett, Archie Lowe, and Sara Lowe. The chair emphasized that these former delegates are welcome to return at any time they are able.
A motion to entertain nominations for treasurer was made. Monty Barnett was nominated by Wesley Burnett. Nomination was seconded by Robert Sudbury. No other nominations were made. Nominations were closed. Monty Barnett was elected to the office of Treasurer to the Texas Constitutional Convention of 1997. He accepted the position.
A motion to elect Bobbie Sudbury as secretary was made by Wesley Burnett and seconded by Karen Williams. No other nominations were made. Nominations were closed. Bobbie Sudbury was elected to the office of Secretary to the Texas Constitutional Convention of 1997. She accepted the position.
The place and time for the signing of the new Texas Constitution was discussed. Austin was suggested as the site. No time was suggested. It was decided that all persons who were involved with the writing of the constitution at any time should be invited to participate in the signing. The signing should be public to anyone interested. It was suggested that the signing should take place on the capital grounds at Austin. This suggestion was not acceptable to the delegates for political reasons. It was decided that a private place should be rented. This place should be large enough to accommodate all interested persons.
The question was raised as to when would be the appropriate time to work on the transition plan. Some delegates felt that it should be completed before the Texas Constitution Ratification Committee was formed. Others felt that time could be saved if the Committee was formed and raising money while the Transition Plan was being formulated. The final consensus was that everything should be finished before the Committee was formed to aid in getting public support by having all the facts to present to the public.
Fine tuning motions were then entertained. Don Henson passed the chair to Wesley Burnett during this part of the meeting.
Motion 1: Motion by Don Henson and seconded by Monty Barnett.
Move to change the term "voter(s)" to the term "elector(s)" throughout the constitution.
Delegate vote was 4 to 4. Chair voted nay. Motion failed.
Motion 2: Motion by Donald Henson and seconded by Jay Baggett.
Move to reword Article 1, Sections 1, 2, 3, 4, 5, and 6, replacing the word "to" with the word "of" and rewording appropriately so that the following sections of Article 1 reads as follows:
Section 1. All political power is inherent in the people, and all governments exist by the will of the people. The people of Texas retain the right of altering, reforming, or abolishing their government in any manner they believe proper, at any time.
Section 2. Every individual has the inherent right of life from physical conception to natural death.
Section 3. Every individual has the inherent right of liberty, which is the unrestrained exercise of free will, which shall never be infringed provided the exercise thereof does not violate the rights of any other individual.
Section 4. Every individual's body, life, labor, ideas, thoughts, and possessions that the individual has lawfully created or acquired are that individual's property. Every individual has the inherent right of ownership, non-coercive acquisition, and use of property.
Section 5. Every individual has the inherent right of defending the life, liberty, or property of any individual using whatever force is necessary, through whatever means available, including the use of deadly force.
Section 6. Every individual has the inherent right of owning, using, and carrying arms of any description.
Motion carried. Changes are noted.
Motion 3: Motion by Don Henson and seconded by Jay Baggett.
Move Article 1, Section 4 replacing the phrase "lawfully created or acquired" with the phrase "created or acquired without coercion".
Motion was defeated by a vote of 3 to 5.
Motion 4: Motion by Don Henson and seconded by Jay Baggett.
Move to reword Article 1, Section 7 replacing the word "may" with the word "shall", replacing "the people" with "each individual", and removing the phrase "are absolutely inviolable".
Motion was withdrawn and restated as 2 motions.
Motion 4a: Motion by Don Henson and seconded by Kay Procter.
Move to reword Article 1, Section 7 replacing the word "may" with the word "shall" and replacing "the people" with "each individual".
Motion carried. Changes are noted.
Motion 4b: Motion by Don Henson and seconded by Jay Baggett.
Move to reword Article 1, Section 7 by removing the phrase "are absolutely inviolable".
Motion carried. New Article 1, Section 7 reads as follows:
All rights are retained by each individual and shall never be denied, infringed, or violated in any way except in the sole circumstance of conviction of a crime or tort by due process of law as defined in this constitution, and then only as directed in that particular case.
Motion 5: Motion by Don Henson and seconded by Robert Sudbury.
Move to change Article 2, Section 10 by replacing the phrase "right to privacy" with the phrase "right of privacy".
Motion carried. New Article 2, Section 10 reads as follows:
Government shall never infringe the inherent right of privacy of any individual without due process of law.
Motion 6: Motion by Bobbie Sudbury and seconded by Don Henson.
Motion to change Article 2, Section 23 to read:
a. Government shall never own minerals of any sort, including water.
b. Government shall never own methods of extracting minerals, including water, from its source.
Motion carried. Changes are noted.
Motion 7: Motion by Cloyce Williams and seconded by Monty Barnett.
Motion to change Article 2, Section 19.
Motion was withdrawn.
Recess for lunch was then called at 12:20. Convention was called back to order at 1:50.
Motion 8: Motion by Cloyce Williams and seconded by Monty Barnett.
Motion to change Article 8, Section 11 to read as follows:
Government shall pay its obligations using Alamos, defined as one-quarter ounce 0.999% pure silver, or bluebonnets, defined as one-quarter ounce 0.999% pure gold, or drafts on accounts containing sufficient amounts of such to cover the total amounts of all outstanding drafts.
Motion carried with 2 delegates abstaining. Changes are noted.
Motion 9: Motion by Monty Barnett and seconded by Cloyce Williams.
Motion to remove Article 2, Section 19 and renumber remaining sections as needed.
Motion carried. Changes are noted.
Motion 10: Motion by Don Henson seconded by Robert Sudbury.
Motion to relocate Article 3, Section 6 concerning habeas corpus to Article 4, Part 1, Section 9 and to reword paragraph a for better grammar.
Motion carried. New Article 4, Part 1, Section 9 now reads as follows:
a. Any individual may petition any justice of any court with a writ of habeas corpus on behalf of any individual whose liberty is restrained or denied.
b. The request for writ shall be addressed by name or title to the individual holding the individual in question, and shall describe the individual being held by any means that will allow the individual to be identified.
c. The request must show cause and sufficient evidence to warrant action of the writ and must be supported by oath or affirmation of the content.
d. The request for a writ of habeas corpus shall never be disregarded and shall be acted upon by the individual holding the individual in question with all haste and never later than eight hours after the request is presented.
e. Any official who refuses to act on a lawfully executed request for writ, who delays action on a lawfully issued writ, or who is found to have aided or abetted another in such delay or refusal shall be held accountable under the law. Any justice who is approached with evidence of such delay or refusal shall immediately issue a warrant for the arrest of the official in question.
Motion 11: Motion by Don Henson and seconded by Cloyce Williams.
Motion to delete Article 3, Section 7 concerning extradition treaties and to renumber subsequent sections appropriately.
Motion carried. Changes are noted.
Motion 12: Motion by Don Henson and seconded by Jay Baggett.
Move to relocate Article 3, Section 8 which reads, "Any individual accused of a crime or tort shall be presumed innocent until proven guilty." to Article 4, Part 1, Section 1, paragraph a and to reword and renumber the existing Article 4, Part 1, Section 1 appropriately.
Motion carried. New Article 4, Part 1, Section 1 now reads as follows:
Any individual accused of a crime or tort shall be:
a. presumed innocent until proven guilty;
b. given the opportunity of facing the accusers in court;
c. granted a trial by a randomly selected jury of twelve other individuals;
d. informed of the exact nature of the charges;
e. given adequate notice for preparing a defense;
f. given access to all evidence collected; and
g. given the opportunity, if convicted, of appealing to at least three other county courts in the same or adjacent Texas counties.
Motion 13: Motion by Bobbie Sudbury and seconded by Robert Sudbury.
Motion to add one sentence to Article 3, Section 5.
Motion carried. New Article 3, Section 5 reads as follows:
Except in the case of a crime in progress, no individual shall be detained, imprisoned, nor held against his or her will in any manner, unless a lawfully executed warrant specifying the charges has been issued in accordance with this constitution. Any individual so detained will be informed of the reason for detention within one hour of being detained.
Motion 14: Motion by Don Henson and seconded by Monty Barnett
Move that Article 4, Part 1, Section 4 be changed to add "and for extradition requests" to the end of the first sentence and that the second sentence be changed to add, "or where the subject of the extradition request is currently located."
Motion carried. New Article 4, Part 1, Section 4 reads as follows:
County courts have original jurisdiction for all cases involving the violation of rights of any individual and for extradition requests. Complaints must be filed in a county court within the precinct of county where the alleged offense occurred or where the subject of the extradition is currently located. The Law to be administered by the courts shall be as defined in this constitution. County courts have no jurisdiction over contract disputes except those involving bad faith breach of contract. All other contract disputes shall be resolved as stated in the contract.
Motion 15: Motion by Don Henson and seconded by Cloyce Williams.
Move to add Article 4, Part 1, Section 5j.
Motion carried. New Article 4, Part 1, Section 5j reads as follows:
All decisions of the grand jury shall be by majority vote, the foreman voting only in the case of a tie vote.
Motion 16: Motion by Don Henson and seconded by Kay Procter.
Move to add to Article 4, Part 1, Section 6c, "Any member of the jury pool scheduled to participate in a trial for which a jury is being selected shall be excluded from the jury for that trial."
Motion carried. New Article 4, Part 1, Section 6c reads as follows:
A jury of twelve individuals shall be impaneled by 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. Any member of the jury pool scheduled to participate in a trial for which a jury is being selected shall be excluded from the jury for that trial.
Motion 17: Motion by Don Henson and seconded by Jay Baggett.
Move to reword Article 4, Part 1 Section 6h.
Motion carried. New Article 4, Part 1, Section 6h reads as follows:
The justice shall preside over and keep order in all proceedings of the court. Jury members may, by majority vote, overrule any decision of the justice regarding the ejection of individuals from the court.
Motion 18: Motion by Don Henson and seconded by Jay Baggett.
Move to modify the wording of Article 4, part 1, Section 6j, next to last sentence, which now reads, "All criminal verdicts must be unanimous to convict," to read "All convictions shall be by unanimous jury vote only; otherwise, the accused shall be acquitted."
Motion carried. One delegate opposed. The new Article 4, Part 1, Section 6j reads as follows:
The jury shall first determine if the alleged actions violated the law and then the facts of the case. After all evidence has been heard, the jury may deliberate its final decision privately until a verdict is reached. They shall render their decision, verdict, or order concerning all aspects of the case as they deem just and proper. All convictions shall be by unanimous jury vote only; otherwise, the accused shall be acquitted. All tort verdicts must be by majority vote, the foreman not voting.
Motion 19: Motion by Don Henson and seconded by Cloyce Williams.
Move to add the words, "and payable to the accused", to Article 4, Part 1, Section 6l.
After debate and friendly amendments motion carried. New Article 4, part 1, Section 6l reads as follows:
In any case, the jury may award monetary compensation against the accuser, in favor of the accused, if the charges are found to be frivolous or malicious.
Motion 20: Motion by Bobbie Sudbury and seconded by Don Henson.
Motion to reword Article 4, Part 1, Section 6l.
Motion carried. New Article 4, Part, 1, Section 6l reads as follows:
In any case the jury may award monetary compensation against the accuser, paid to the accused, if the charges are found to be frivolous or malicious.
Motion 21: Motion by Monty Barnett and seconded by Cloyce Williams.
Motion to add the words "or it is proved that the juror is biased to the case" to Article 4, Part 1, Section 6d.
After friendly amendments motion carried. 2 delegates opposed. New Article 4, Part 1, Section 6d reads as follows:
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 times and places or is known to be a close family member of the accused or the accuser. In the event that a juror is so removed, an alternate juror shall be impaneled.
Motion 22: Motion by Don Henson and seconded by Kay Procter.
Move to change "vote of the people of the county" in Article 4, Part 2, Section 2a, to "vote of qualified voters of the county".
Motion carried. New Article 4, Part 2, Section 2a reads as follows:
The sheriff shall maintain and operate county penal facilities where called for by two-thirds vote of qualified voters 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.
Motion 23: Motion by Don Henson and seconded by Robert Sudbury.
Move to add "County defense forces shall never be used in law enforcement within Texas." to Article 4, Part 2, Section 3b.
Motion was withdrawn.
Convention went into the committee of the whole to discuss military forces at 3:15.
Convention returned to regular session at 3:30. Defense Forces Committee was formed. Committee consists of Cloyce Williams, Monty Barnett, and Don Henson. They will deliberate and present their decision to the convention at a later date.
Motion 24: Motion by Don Henson and seconded by Robert Sudbury.
Move to reword the last sentence of Article 4, Part 2, Section 4a.
Motion carried. One delegate opposed. New Article 4, Part 2, Section 4a reads as follows:
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 of two-thirds of all qualified voters casting ballots in an election. The election ballot must specify names of officers, offices they hold, the recommended compensation for each officer, and the rate of compensation for jurors.
Motion 25: Motion by Don Henson and seconded by Kay Procter.
Move to reword the last sentence of Article 4, Part 2, Section 4f.
Motion carried. New article 4, Part 2, Section 4f reads as follows:
The County Administrative Council shall elect a chair and vice-chair from among their number once every twelve months. The chair shall ensure that an agenda is posted in widely accessible public places not less than 72 hours prior to every meeting.
Motion 26: Motion by Bobbie Sudbury and seconded by Monty Barnett.
Motion to add Article 4, Part 2, Section 3l.
Motion was withdrawn.
Motion 27: Motion by Don Henson and seconded Monty Barnett.
Move to change the word "may" to "shall" in the second sentence of Article 5, Part 1, Section 1.
Motion carried. New Article 5, Part 1, Section 1 reads as follows:
The judicial duties of the national court shall be vested in one supreme court and in one district court per district. The national courts shall only hear cases concerning international treaty disagreements, public officials, military or maritime issues, internal government disputes, or disputes between county governments. The trial of public officials in a national level court shall not prevent their trial in a Texas county court for the same offense.
Motion 28: Motion by Don Henson and seconded by Bobbie Sudbury.
Move to change Article 5, Part 1, Section 2.
Motion carried. New Article 5, Part 1, Section 2 reads as follows:
Justices shall serve four-year terms with compensation to be determined by the National Assembly. Compensation for justices shall not be changed during the term in which they were elected.
Motion 29: Motion by Bobbie Sudbury and seconded by Monty Barnett.
Motion to add the words "not to exceed his elected term of office" and to change the term of office for justices to 4 years in Article 5, Part 1, Section 7.
Convention went into committee of the whole to discuss motion at 3:50. Convention returned to regular session at 3:55.
Motion carried. New Article 5, Part 1, Section 7 reads as follows:
The chief justice of the supreme court shall be appointed by 2/3 thirds vote of the district justices. The chief justice shall have no other official duties, shall hold office for four years, not to exceed his elected term of office, and shall not hold office more than two consecutive terms.
Motion 30: Motion by Don Henson and seconded by Kay Procter.
Move to change Article 5, Part 1, Section 5.
Motion carried. New Article 5, Part 1, Section 5 reads as follows:
a. Litigants in district courts may elect to have the justice hear and decide the case or they may exercise their right of a jury trial. The right of a jury trial by either party takes precedence over the option to waive that right by another.
b. Jury trials shall be conducted by the same rules of proceedings as the Texas county courts.
c. The district courts shall contract with private or county penal facilities to satisfy judgements of incarceration.
Motion 31: Motion by Don Henson and seconded by Robert Sudbury.
Move to relocate the chief justice duties from Article 5, Part 1, Section 6 to Article 5, Part 2, Section 7.
Motion carried. New Article 5, Part 1, Sections 6 and 7 read as follows:
Section 6. The supreme court shall consist of a chief justice and twelve associate justices with district justices serving in rotation as associate justices. Three-fourths of the associate justices and the chief justice shall constitute a quorum to proceed. The district justices shall rotate their positions on the supreme court every session. All members voting on each case shall place their handwritten signature on the decision with their vote as yes to uphold and no to overturn the case.
Section 7. The chief justice of the supreme court shall be appointed by a two-thirds vote of the district justices. The chief justice shall have no other duties, shall hold office for four years, not to exceed his elected term of office, shall not hold office for more than two consecutive terms, and shall vote only in the case of a tie vote among the associate justices.
Motion 32: Motion by Don Henson and seconded by Cloyce Williams.
Move to add a requirement for all courts to be open to the public at all times to Article 5, Part 1, Section 10.
Motion carried. New Article 5, Part 1, Section 10 reads as follows:
National courts are authorized to establish procedures, rules, and regulations only for the administration and implementation of their duties. All court proceedings shall be open to the public at all times.
Motion 33: Motion by Don Henson and seconded by Karen Williams.
Move to add a new section 12 to Article 5, Part 1.
Motion carried. New Article 5, Part 1, Section 12 reads as follows:
National government courts shall maintain and operate facilities to perform duties specified by this constitution and shall prepare annual budgets which shall be presented to the National Assembly for approval or rejection.
Motion 34: Motion by Don Henson and seconded by Monty Barnett.
Move to change Article 5, Part 2, Section 2a by adding, "Treaties shall never affect any individual within the geographical boundaries of Texas and shall recognize that only Texas courts may act on extradition requests."
Motion carried. New Article 5, Part 2, Section 2a reads as follows:
Conduct treaty negotiations and ambassadorial functions with foreign governments. Treaties shall never affect any individual within the geographical boundaries of Texas and shall recognize that only Texas county courts may act on extradition requests.
Motion 35: Motion by Don Henson and seconded by Kay Procter.
Move to add the words "only", "armed", and "or blockade" to Article 5, Part 2, Section 2d.
Motion carried. One delegate abstained. New Article 5, Part 2, Section 2d reads as follows:
Declare war only upon armed invasion or blockade by a foreign power.
Motion 36: Motion by Don Henson and seconded by Monty Barnett.
Move that this convention request that West El Paso Information Network (WEPIN) create a pure contract trust to be named "Texas Constitution Ratification Fund" with a termination date of twenty-five years from date of creation or one year after ratification of a new Texas Constitution, whichever comes first. The purpose of the trust shall be to promote the ratification of the Texas Constitution adopted by the Texas Constitutional Convention of 1997. Trustees of the trust shall be any delegate to the Texas Constitutional Convention of 1997 who agrees to abide by the trust indenture, indicated by signing an Acknowledgment of Appointment. This convention shall reimburse WEPIN the cost of filing the trust indenture, not to exceed fifty US Dollars (US$50.00).
Motion carried. Don Henson abstained to avoid any conflict of interest allegations.
Motion 37: Motion by Don Henson and seconded by Monty Barnett.
Move to correct the wording of Article 5, Part 2, Section 3a.
Motion carried. New Article 5, Part 2, Section 3a reads as follows:
Serve as president in the absence of the president.
Motion 38: Motion by Don Henson and seconded by Kay Procter.
Move to add a function to the treasurer's functions by adding Article 5, Part 2, Section 4c.
Motion carried. New Article 5, Part 2, Section 4c reads as follows:
Serve as president in the absence of the president and the vice-president.
Motion 39: Motion by Don Henson and seconded by Cloyce Williams.
Move to change the wording of Article 5, Part 2, Section 7.
Motion failed by a vote of 4 to 5. Article 5, Part 2, Section 7 remains unchanged.
Motion 40: Motion by Don Henson and seconded by Alonso Martinez.
Move to reword Article 5, Part 2, Section 9d.
Convention went into committee of the whole to discuss motion 40 at 4:55. Convention returned to regular session at 5:00.
Motion was withdrawn. Article 5, Part 2, Section 9d remains unchanged.
Motion 41: Motion by Monty Barnett and seconded by Jay Baggett.
Motion to delete Article 5, Part 2, Section 9d.
Motion carried. One delegate opposed. Changes are noted.
Motion 42: Motion by Don Henson and seconded by Alonso Martinez.
Motion to add Article 5, Part 2, Section 10. Texas National Defense Force.
Motion was withdrawn.
Motion 43: Motion by Don Henson and seconded by Monty Barnett.
Move to add "and paid by" to the last sentence of Article 5, Part 3, Section 1.
Motion carried. New Article 5, Part 3, Section 1 reads as follows:
Each Count y 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 and paid by the County Administrative Council which appointed the representative.
Motion 44: Motion by Don Henson and seconded by Cloyce Williams.
Move to reword Article 5, Part 3, Section 3, the main paragraph only.
Motion carried. New Article 5, Part 3, Section 3, main paragraph reads as follows:
The national assembly may establish procedures, rules, and regulations only for the administration and implementation of the functions listed in this section. The national assembly shall:
Motion 45: Motion by Don Henson and seconded by Charles Doreck.
Move to delete ", except as authorized by this constitution" from Article 5, Part 3, Section 3a.
Motion carried by a vote of 6 to 3.
New Article 5, Part 3, Section 3a reads as follows:
"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.
Motion 46: Motion by Don Henson and seconded by Monty Barnett.
Move to change Article 5, Part 3, Section 8.
Motion carried. New Article 5, Part 3, Section 8 reads as follows:
Foreign governments may own no more than ten acres of real property within Texas, to be used only for embassies, and only with the express permission of the National Assembly.
Motion 47: Motion by Don Henson and seconded by Robert Sudbury.
Move to reword Article 8, Section 4.
Motion carried. One delegate opposed. New Article 8, Section 4 reads as follows:
Title to other lands and buildings may be held by county governments upon the approval of two-thirds of the voters of that county provided that such real property does not exceed one percent of the total land area of the county.
Motion 48: Motion by Don Henson and seconded by Monty Barnett.
Move to reword Article 8, Section 5.
Convention went in to committee of the whole to discuss the motion at 5:25. Convention returned to regular session at 5:32.
Motion carried. New article 8, Section 5 reads as follows:
A Texas citizen is an individual who voluntarily declares citizenship provided that:
a. the individual was born on the soil of Texas;
b. at least one of the individual's parents was born on the soil of Texas;
c. the individual has lived in Texas for not less than six consecutive months.
Motion 49: Motion by Don Henson and seconded by Cloyce Williams.
Move to reword Article 8, Section 9.
Motion carried after friendly amendments. One delegate abstained. New Article 8, Section 9 reads as follows:
The national government is authorized to purchase or retain title to real property for use as military installations provided that such real property does not exceed one half of one percent of the total land area of Texas.
Motion 50: Motion by Don Henson and seconded by Robert Sudbury.
Move to replace every occurrence of the term "county convention" with the term "county ratification convention" in Article 9.
Motion carried. Changes are noted.
Motion 51: Motion by Don Henson and seconded by Robert Sudbury.
Move to reword Article 9, Section 5.
Motion carried. New Article 9, Section 5 reads as follows:
The ratification of this constitution by the convention of 176 Texas counties shall be sufficient for the establishment of this Constitution in the counties so ratifying the same.
Don Henson then made a proposal to adopt Addendum 1 - Definitions, in which a list of all words used in this Constitution would be listed and the particular definition number intended would be indicated. Robert Sudbury moved that this proposal be tabled until the next session. Kay Procter seconded the motion. Motion carried. The proposal is tabled until the next session of the constitution convention.
Convention then recessed at 6:30 pm until 8:00 am, Sunday, May 10, 1998.
Sunday, May 10, 1998, Call to order at 8:10 am. Secretary conducted roll call. Delegates present:
Guadalupe Martinez as proxy for Jay Baggett.
Wesley Burnett
Charles Doreck
Donald Henson
Alonso Martinez
Bobbie Sudbury
Robert Sudbury
Cloyce Williams
Karen Williams
Kay Procter
A quorum was announced. Regular session began.
Motion 52: Motion by Robert Sudbury and seconded by Wes Burnett.
Motion to make an addition to the purpose of the Trust.
Motion carried. New paragraphs to be added to the purpose of the Trust reads as follows:
All materials, monies, and assets will be used solely for the purpose of the advancement of this Constitution. At no time or place will any trustee or citizen profit from this contract except for just and reasonable compensation as outlined in this contract.
We, the delegates of the Texas Constitutional Convention of 1997 express full faith in the integrity and honesty of the trustees of this Trust with the knowledge that they will forever keep the interest of the advancement of the new Texas Constitution as the sole purpose.
Wes Burnett then made a statement that we are not writing an anarchist document in answer to an earlier statement by another delegate.
Wes Burnett suggested Fredricksburg as the site of the next session. Charlie Doreck suggested Junction or Sonora. The other delegates thought that San Angelo would also be an appropriate site. Wes Burnett will find an appropriate place and inform the delegates. The next regular session will be held on the second weekend of July (11th and 12th).
Convention went into committee of the whole at 8:40 with Don Henson chairing to discuss the transition plan. Convention returned to regular session at 10:55.
Motion to adjourn until July 11th at 9:00 am at a site to be determined later was made by Wes Burnett and seconded by Robert Sudbury. Motion carried. The 11th session of the Texas Constitutional Convention of 1997 was adjourned.
Certifed Correct:
Donald Dale Henson
Chair
Copyright at Common Law, West El Paso Information Network, 1997
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