Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
This addendum is intended to facilitate a lawful, peaceful, and orderly process for transition to the ratified Texas Constitution 2000. The day that the constitution is ratified shall be known as Texas Freedom Day.
Section 1. State of Texas and county officials shall be provided the opportunity to complete oaths of office consistent with this constitution within thirty days of the ratification. Upon receipt of affidavits of oaths of office, the Texas Constitution Ratification Committee (TCRC) shall confirm those officers as qualified to perform their duties in accordance with this constitution. Those officers who choose not to complete the affidavits shall vacate their offices no later than thirty days from the date of the ratification of this constitution.
Section 2. State of Texas government agents may continue administration of their duties which are not in conflict with Article 1 of this constitution for a period not to exceed 24 months after Texas Freedom Day.
Section 3. Upon ratification of this constitution, all taxes paid to foreign governments shall cease to be mandatory for all individuals in Texas.
a. All State of Texas, county, and local taxes shall remain in full effect until after the first election.
b. All funds normally accruing to the State of Texas from whatever source shall remain in Texas under the fiduciary responsibility of the treasurer of the Coalition Transition Government.
c. All the Coalition Transition Government funds shall be transferred to and become the fiduciary responsibility of the national treasurer after the first election.
Section 4. Existing Law Enforcement Agencies
a. Within thirty days of ratification of this constitution all city law enforcement departments shall be transferred to the sheriff's departments in their respective counties. All United States and other foreign law enforcement agencies will no longer have jurisdiction in Texas. The sheriffs shall notify the commander or person in charge of each law enforcement agency operating on the soil of Texas within their county that United States and Texas transportation codes are null and void within Texas. Sheriffs shall vigorously defend the right to travel for all individuals and shall take immediate action against any individual, whether representing the State of Texas or the United States, who interferes with or attempts to enforce any of the various "traffic laws" under the United States or State of Texas transportation codes.
b. State of Texas law enforcement agencies' personnel and their equipment shall be transferred to the sheriff in the county in which they are presently based. The sheriff shall determine what personnel and equipment will be kept and any excess equipment may be either sold to another county or sold at public auction.
c. The sheriffs shall notify the commander or person in charge of each law enforcement agency operating on the soil of Texas within their county of the new constitutional restrictions imposed including, but not limited to, clear instructions that any State of Texas or United States statutory laws which conflict with this constitution shall no longer be enforced.
d. The existing Texas Ranger organization and all county sheriffs' departments shall remain intact but are subject to later reorganization by the elected or appointed heads of these organizations.
Section 1. The Texas Constitution Ratification Committee shall appoint twelve State of Texas elected officers who have completed oaths of office in accordance with this constitution to form with the TCRC a Coalition Transition Government (CTG).
Section 2. The CTG shall ensure the lawful and peaceful implementation of this transition plan.
Section 3. CTG officers shall be compensated at the same rate as the Governor of the State of Texas.
Section 4. The CTG shall elect from among its members a president, vice-president, secretary, and treasurer with the following duties:
a. The president shall call and moderate meetings of the CTG and represent the government in communications with other nations. He shall also, upon election, immediately notify nations of the world of the lawful ratification of this constitution; seek peaceful relations with all nations; emphasize the neutrality of Texas in foreign relations matters; and declare the sovereignty of Texas as a neutral nation determined to co-exist peacefully with its neighbors and to defend itself only when attacked by outside forces.
b. The vice-president shall assume duties of the president in the absence of the president.
c. The secretary shall maintain accurate records of all meetings.
d. The treasurer shall accept and disburse funds in accordance with the constitution and maintain accurate records of all transactions.
e. Officers of the CTG may be assisted in their duties by former State of Texas agents who have completed oaths of office in accordance with this constitution.
Section 5. CTG meetings shall:
a. be open and accessible to the public at all times;
b. require a quorum of a simple majority of all members;
c. require two-thirds approval of those present for any positive decisions or acts;
d. never allow proxies; and
e. be announced in writing to all CTG members not less than seventy-two hours in advance.
Section 6. The CTG shall take possession of all revenue and all assets of the State of Texas and shall honor existing lawful financial obligations of the State of Texas.
Section 7. The CTG shall order an election for the purpose of electing national and county officers. The election shall be conducted no later than one-hundred-twenty (120) days after Texas Freedom Day. Upon election, each elected officer shall, within the next ten calendar days, make the prescribed oath of office as administered, and immediately assume the duties of office for which he or she was elected. CTG officers shall not be eligible for election in the first election.
Section 8. Officials elected in the first election shall serve terms as stated in this constitution except:
a. The first National Executive Council vice-president shall serve a two-year term; and
b. The first National Executive Council treasurer shall serve a four-year term.
Section 9. The CTG shall honor existing financial compensation for Texas government agents affirming adherence to this constitution, which shall continue until such time as national and county governments approve new budgets and personnel, but not later than twenty-four months after Texas Freedom Day.
Section 10. CTG members who miss two consecutive meetings may be removed by a majority vote of the remaining members.
Section 11. Oaths of Office
a. Nationally elected officers shall be administered their oaths of office by members of the CTG.
b. County elected officers shall be administered their oaths of office by the County Ratification Convention Coordinator.
Section 12. The Coalition Transition Government shall cease and terminate immediately upon the administration of oaths of office to newly elected national executive officers.
Section 1. County officers qualified to serve under this constitution shall meet at the earliest convenient date, no later than thirty days after Texas Freedom Day, to establish the County Administrative Council (CAC). They may appoint citizens to fill vacated offices to serve until the election confirms new officers.
Section 2. The CAC shall take possession of all revenues and assets of the county and of any government subdivision in that county. The CAC may authorize these subdivision government agents to continue administration of their duties, which are not in conflict with this constitution, for a period not to exceed twenty-four months after Texas Freedom Day.
Section 1. The National Assembly and County Administrative Councils shall conduct a complete and thorough inventory of all government assets including, but not limited to, all government owned real property. The inventory shall be completed within one calendar year after the initial formation of the National Assembly or the County Administrative Council.
Section 2. The National Assembly and County Administrative Councils shall enter into contract with private auditing firms through a competitive bidding process to audit all government property and funds.
Section 3. The National Executive Council shall:
a. immediately upon assuming office enter into negotiations with other nations and states to ensure Texas neutrality and establishment of lawful and peaceful relations; and
b. negotiate with foreign nations the transfer of title to property on the soil of Texas held by those foreign nations to the nation of Texas.
Section 4. All fiduciary accounts and revenues held by the Coalition Transition Government shall be transferred to the national treasurer immediately upon administration of the oath of office, who shall compile a detailed accounting to the National Assembly.
Section 5. All State of Texas government functions and offices shall cease and shall be terminated upon the administering of the oaths of office for the newly elected officers of Texas under this constitution.
Section 6. The National Assembly and the County Administrative Councils shall honor all existing lawful indebtedness of the State of Texas and other government subdivisions.
Section 1. The National Assembly shall develop an orderly process for disposing of national and county government-owned real property not specifically authorized by this constitution to be retained by government. The transfer of title shall be through sealed bids.
Section 2. Individuals qualified to hold and redeem real property purchase vouchers (hereafter referred to as "Purchase Vouchers") shall:
a. be a Texas citizen as defined by this constitution;
b. have lived on the soil of Texas not less than two years prior to Texas Freedom Day;
c. affirm by affidavit adherence to this constitution; and
d. affirm by oath or affidavit the following statement:
"I, (insert full name), do hereby declare that I have read and understand the consequences of violating the rights of any other individual as specified by this constitution. I also declare that I have not and shall not submit any other claim for Purchase Vouchers in this or any other county."
Section 3. The county recorder shall:
a. accept citizen affidavits for Purchase Vouchers until the end of the one-hundred-twentieth (120th) day following the first national and county election;
b. maintain accurate records of citizen affidavits and supporting documents for Purchase Vouchers;
c. submit the names of citizens qualified to hold Purchase Vouchers to the national treasurer within sixty days following the one-hundred-twentieth (120th) day after the first election; and
d. distribute the Purchase Vouchers to qualified citizens upon delivery from the national treasurer.
Section 4. The national treasurer shall, within sixty days following receipt of county recorder reports of qualified citizens, cause delivery of appropriately completed Purchase Vouchers to the county recorders. County Recorders shall provide to each qualified citizen one-thousand (1,000) units of Purchase Vouchers.
Section 5. Sealed bid auctions shall commence no later than twelve months after the first national and county election, and be completed not more than sixty months after the ratification of this constitution.
Section 6. Anyone who qualifies in accordance with Section 2 may submit bids to purchase government real property listed for sale. County recorders shall issue allodial title with any required deed restrictions to purchasers upon verification of the highest bid for any parcel of property located within that county. Bids may be submitted consisting of Purchase Vouchers or cash but Purchase Vouchers and cash shall not be combined in the same bid. Winning bids shall be selected as follows:
a. The highest bid consisting of Purchase Vouchers shall be declared the winner.
b. If there are no bids consisting of Purchase Vouchers, the highest bid consisting of cash shall be declared the winner.
c. In the case of tie bids, the bid that was earliest received by the bid administrator shall be declared the winner.
d. Cash bids shall be evaluated in gold equivalents.
The Coalition Transition Government and the new government of Texas, both national and county levels, shall address each of the following items in their transition actions, ensuring that the minimum requirements specified herein are met.
Section 1. Parks and Historical Sites
a. Any public property currently used as a park or historical site may be awarded to a self-declared Texas-based public-service organization. This property may be awarded for no fee provided that the owner or manager of the organization submits an affidavit that the organization has agreed to maintain the park or historical site and use it as a park or historical site at cost for a period of twenty-five years.
b. Any park or historical site for which no organization meeting the requirements of Section 1 is willing to accept responsibility shall be auctioned the same as any other property.
Section 2. Education Facilities
a. Any public property currently used as an education facility may be awarded to a voluntary organization of individuals interested in providing education services to Texans provided that at least fifty percent of the members of the organization were, within five years prior to Texas Freedom Day, themselves students or had children who were students of the education facility being awarded or were teachers in that facility. This property may be awarded for no fee provided that the owner or manager of the organization submits an affidavit that the organization has agreed to maintain the education facilities and use them as education facilities to provide education services to Texans at cost for at least ten years.
b. Any education facility for which no organization meeting the requirements of paragraph a is willing to accept responsibility shall be auctioned the same as any other property.
Section 3. Counties
Transfer of county-owned public property, operation of the county Coalition Transition Government, and the date of complete transfer to the rules of Texas shall be as negotiated with the State of Texas or with existing county governments but shall in no case be later than twenty-four months after Texas Freedom Day.
Section 4. Corporations, Banks, and Other Business Organizations
a. All State of Texas corporation charters shall become null and void on the date that the Coalition Transition Government is terminated. Prior to that date, State of Texas corporations which wish to continue to do business in Texas must convert to either a sole proprietorship or an organization defined entirely by contract.
b. The charters of any State of Texas chartered banks shall become null and void on the date that the Coalition Transition Government is terminated. Prior to that date, State of Texas chartered banks which wish to continue to do business in Texas must convert to either a sole proprietorship or an organization defined entirely by contract.
c. Business organizations operating on the soil of Texas after the date that the Coalition Transition Government is terminated will no longer be able to depend upon State of Texas or United States statutory law to partially define their business organization. Therefore, all business organizations except sole proprietorships shall reorganize to a sole proprietorship or an organization based entirely on contract.
d. Corporations chartered by foreign governments may continue to operate on the soil of Texas but they will no longer have any special privileges. Such corporations shall be treated the same as a corporation based entirely on contract.
Section 5. Electromagnetic Wave Frequency Spectrum (Radio Waves)
a. The electromagnetic wave frequency spectrum is a natural resource and should be treated as such under the concept of "Natural Property". On Texas Freedom Day, each current user of any part of the electromagnetic wave frequency spectrum shall become the owner of that use of that part of the spectrum.
b. Anyone may use any part of the electromagnetic wave frequency spectrum, and thus become an owner of that use of the spectrum, as long as the new use does not interfere with pre-existing uses.
Section 6. Fire Protection Services
a. Existing fire protection organizations may reorganize as private businesses.
b. Any public property currently used in providing fire protection services may be awarded to an existing fire protection organization that has reorganized as a private business to provide fire protection services. This property may be awarded for no fee provided that the owner or manager of the organization submits an affidavit that the organization has agreed to maintain the property and use it to provide fire protection services at cost for at least ten years.
Section 7. Emergency Medical Services
a. Existing emergency medical services organizations may reorganize as private businesses.
b. Any public property currently used in providing emergency medical services may be awarded to an existing emergency medical services organization that has reorganized as a private business to provide emergency medical services. This property may be awarded for no fee provided that the owner or manager of the organization submits an affidavit that the organization has agreed to maintain the property and use it to provide emergency medical services at cost for at least ten years.
Section 8. Military Forces
a. The national government shall immediately enter into negotiations with any foreign government with military forces stationed on the soil of Texas to evacuate those forces as soon as possible.
b. For the length of the transition period, or until such time as the county defense forces are constitutionally formed, the Coalition Transition Government shall request local private militias to accept any and all duties concerning county and national defense.
c. The title to any real property or equipment left on the soil of Texas after the evacuation of foreign military forces is complete shall accrue to the national government of Texas.
d. Control of State of Texas military resources, such as the Texas National Guard weapons, facilities, and personnel, shall transfer to the national government of Texas on a date to be negotiated by the Coalition Transition Government but in no case later than twenty-four months after Texas Freedom Day.
e. The National Executive Council of the national government of Texas shall begin integrating all existing defense forces, militia, and Texas National Guard resources into an overall defense strategy and transition plan beginning on the day that the new national government of Texas is formed. This integration shall continue until all military resources to remain in Texas are integrated.
Section 9. Incarcerated Individuals
a. Each County Administrative Council shall appoint twelve Texas citizens of the county to serve on a prisoner review commission which shall have the following duties.
1) The commission shall establish an orderly process for review of all charges against prisoners in any jail, prison, or any other incarceration or detention facility in that county.
2) If a prisoner's conviction and sentence is found not to be a violation of this constitution, the prisoner shall remain incarcerated and shall serve the remainder of the original sentence. Otherwise, the prisoner shall be released immediately upon order by the commission.
b. Members of the prisoner review commission, while serving on the commission, shall be compensated at the same rate of pay as members of the County Administrative Council. The commission shall continue until all records of prisoners within the county have been reviewed, but for no longer than twenty-four months after the commission has been appointed.
Section 10. Incarceration Facilities
The County Administrative Council shall hold title to any publicly owned jails, prisons, or any other incarceration or detention facilities located in that county. The County Administrative Council shall direct that such facilities be consolidated as much as possible without overcrowding while leaving some room for future expansion of the prison population. Any facilities emptied by this consolidation shall be decommissioned and considered excess public property to be auctioned or declared "unowned".
Section 11. Court Cases
a. Any criminal court case in which a judgment has been made prior to Texas Freedom Day shall be considered a valid judgment subject to the incarcerated prisoner review.
b. Any civil court case in which a judgment has been made prior to Texas Freedom Day shall be considered a valid judgment.
c. Any court case in which a trial has been initiated but in which a judgment has not been made prior to Texas Freedom Day may be terminated and entered into a Texas County Court at the discretion of the accused in the trial. The fact that the court case was initiated shall be considered to have satisfied the grand jury indictment requirement of this constitution.
d. Any court case in which a trial has not been initiated prior to Texas Freedom Day shall be entered into a Texas county court. If a grand jury has indicted the accused prior to Texas Freedom Day, this shall be considered to have satisfied the grand jury indictment requirement of this constitution. Valid grand jury indictments on and after Texas Freedom Day shall come only from Texas grand juries in accordance with due process as defined in this constitution.
Section 12. Existing bonds.
a. Any bonds existing prior to Texas Freedom Day issued by the State of Texas or any political subdivision of the State of Texas shall become the liability of the new national government.
b. The bonds shall be retired as soon as possible using not more than ten percent per year of the national government's revenue.
Section 13. Handicapped Individuals
The National Assembly shall establish and implement an orderly transfer of existing obligations for care of mentally or physically handicapped individuals to the free market. This transfer shall be completed no later than twenty-four months after the first National Assembly is convened. No new admissions to government support shall be accepted after Texas Freedom Day.
Copyright at Common Law, West El Paso Information Network, 1998
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