Res 499 10/22/1962RESOLUTION NO.g.g
WHEREAS, the exercise of executive, legislative and judicial
power by separate and independent organs of government is a funda-
mental principle of American constitutional jurisprudence; and
WHEREAS, this principle was expressed in the Constitution
of the Republic of Texas in 1836 and has been embodied in all of the
State Constitutions in the exact wording found in Article II , Section
1, of the present Constitution, wherein it is provided: "The powers
of the government of the State of Texas shall be divided into three
distinct departments , each of which shall be confided to a separate
body of magistracy, to wit: those which are legislative to one;
those which are executive to another; and those which are judicial
to another; and no person, or collection of persons, being of one of
these departments , shall exercise any power properly attached to
either of the others, except in the instances herein expressly per-
mitted. "; and
WHEREAS, this guarantee of separation of powers now stands
in jeopardy by virtue of the adoption by the 57th Legislature of
Texas of House Joint Resolution 32, which proposes an amendment to
Article II of the Texas Constitution by adding a new section thereto
to provide as follows: "Notwithstanding any other provision of the
Constitution, the Legislature shall have the power, by general law,
to provide for appeals to the courts from any and all actions, rul-
ings or decisions of administrative agencies and executive depart-
ments of the State of Texas or any of its political subdivisions,
under such provisions and limitations as the Legislature shall deem
necessary and desirable; and the courts of Texas shall have no power
or authority to refuse, deny, or change the manner of such appeals ,
if brought in the manner provided by general law, even though such
appeals shall be provided de novo as that term is used in appeals
from the justice of the peace courts to county courts; and should the
Legislature provide for such appeals to be tried completely de novo
and independent of any administrative and executive action, ruling
or decision thereon, the courts shall comply with such general law
and shall hear and determine such appeals in the manner and under
the conditions prescribed by the Legislature, even though such action
on the part of the courts involves administrative or executive rather
than judicial powers; provided, however, in the absence of legisla-
tion enacted subsequent to the adoption of this amendment, all such
appeals shall continue to be prosecuted in the manner now provided
by law, as interpreted and applied to the appellate courts of Texas
on the date of the adoption of this amendment, and no change in the
manner of such appeals shall be affected except by legislation en-
acted subsequent to the adoption of this amendment. " and
WHEREAS, this proposed constitutional amendment commonly
denominated the "trial de novo amendment" will be submitted to a vote
of the qualified electors of this State on November 6, 1962, appear-
ing on the ballot as Amendment Number 14; and
WHEREAS, it is the conviction of the Board of Aldermen of
the City of Wichita Falls that the adoption of this amendment would
destroy the delicate balance of powers between executive, legislative,
and judicial branches of government in this State; would endanger the
basic freedoms of all of the citizens of Texas; would curtail many
and delay other essential services now performed at all levels of
government; would render ineffective established, proven, and neces-
sary administrative functions and procedures of government, and wculd
cast an onerous burden on effective, efficient, and economical govern-
mental operations by the State, its municipalities, and other politi-
cal subdivisions;
NOW, THEREFORE, BE IT RESOLVED that the Board of Aldermen
of the City of Wichita Falls vigorously oppose the adoption of Amend-
ment Number 14, the proposed "trial de novo" constitutional amend-
ment; and
BE IT FURTHER RESOLVED that the Board of Aldermen desire to
bring within the focus and understanding of all of the citizens of
this area the full implication of the proposed constitutional amend-
ment and its departure from a fundamental concept of American govern -
ment.
PASSED AND APPROVED this the 22, day of 0 ber, 1962.
IlL 0 ill N
4V a . 7IP C h.."-
yor
ATTEST:
a) A4t0i/
City Clerk
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