Texas Constitutional Convention Updates
Texas
Constitutional Convention Updates
Section 1. A crime is any action taken by an individual wherein the individual intentionally initiates physical force, fraud, or theft which results in damage to another individual or damage or loss of another individual's property without the consent of that individual; or an action taken by a government official in violation of this constitution.
Section 2. Tort is any unintentional action that results in damage to another individual or damage or loss of another individual's property.
Section 3. No body of law other than the law defined in this constitution has any force or effect on anyone on or under the soil of Texas, on or in the waters of Texas, or in the airspace of Texas unless all parties to an action have previously knowingly, voluntarily, and intentionally agreed to that body of law by contract.
Section 4. The obligations of contracts shall not be impaired provided only that all parties to the contract entered the contract knowlingly, willingly, and voluntarily.
Section 5. 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.
Section 6. Writ of Habeas Corpus
Paragraph a. When an individual has been restrained in or denied his or her liberty, any individual may petition any justice of any court of common justice for a writ of habeas corpus.
Paragraph 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.
Paragraph c. The request must show cause and sufficient evidence to warrant action on the writ and must be supported by oath or affirmation of the content.
Paragraph 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.
Paragraph 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.
Section 7. Any individual accused of a crime or tort shall be presumed innocent until proven guilty.
Copyright at Common Law, West El Paso Information Network, 1997
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