Below I will discuss a law from the Texas Local Government Code and try to dissect it as I see it and attempt to show why all Texans should stand together in challenge of this law as immoral, un-Constitutional and discriminatory to those that stray from their norm.

I do not usually advocate willful disobedience of the law, but find this law so reprehensible as to be anti-American and definitely in total disregard of the constitutional rights of individuals and candidates.

There are those in Washington and Austin that feel that they may rape and plunder the U. S. National and Texas State Constitutions at will, it is my intent when accepting office to publicly challenge this law as immoral and un-Constitutional.

My hope is that those others in the state that might find themselves in similar circumstance would join me in exposing and attacking this law, as complacency on our part will only serve to encourage more and larger abuses to shield the political arena from new third party entrants.

All emphasis on this page is mine.


Local Government Code 152.052

152.052. Decision to Reduce Compensation or Not to be Paid.

  1. Within five days after the date an elected county or precinct officer takes office, the officer shall file an affidavit with the county payroll officer stating that the officer elects not to be paid for the officer's services if, during the person's campaign for election to the county or precinct office, the person publicly advocated the abolition of the office. The affidavit must include a statement by the officer describing the method by which the officer intends to seek to obtain the abolition of the office for which the officer was elected and the date by which it is proposed to be accomplished.
  2. An elected county or precinct officer may, at any time, reduce the amount of compensation set for that office by filing with the county payroll officer an affidavit stating that the officer elects to reduce the amount of compensation paid for the officer's service to a specified amount. The reduction is effective on the date the affidavit is filed, and the county payroll officer shall issue any subsequent paychecks for the officer accordingly.
  3. If an officer covered by Subsection (a) or any other elected county or precinct officer files an affidavit with the county payroll officer stating that the officer elects not to be paid for the officer's services, the county payroll officer may not issue a paycheck to the officer.
  4. After an affidavit under Subsection (a) of this section is filed, the county payroll officer shall take measures to stop payment of a paycheck that was issued to the officer before the affidavit was filed and that has not been presented for payment.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1259, § 3, eff. June 18,1989.


Let's start with the first sentence.

Within five days after the date an elected county or precinct officer takes office, the officer shall file an affidavit with the county payroll officer stating that the officer elects not to be paid for the officer's services if, during the person's campaign for election to the county or precinct office, the person publicly advocated the abolition of the office.

This sentence sets penalties on First Amendment protection for political expression and would deny a choice without due process wether or not an officer would receive payment for any required duties performed while in the process of working to repeal the office, simply for advocating abolition of the office.
      This law does not apply to a candidate for running for ANY office, or, should he win his office for accepting it, or if after accepting the office he should then work toward the abolition of the office. Only if he should declare his intention while running for office that he would work to abolish the office would the law apply, as he has spoken the forbidden.
      Therefore only an officer with means of supporting himself while working toward this end could dare attempt to change government from within the system.

Amendment I U.S. Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

This article was clearly written to protect the citizens right to speak and publish his mind and heart without the fear of retribution.

Amendment V U.S. Constitution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This article says that no one may be deprived of a wage for service without his day in court.

Amendment XIV U.S. Constitution
(1868)
§ 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Again, the choice of an officer, if or not he wishes to be paid for his services should not be denied because of the timing of a statement advocating the abolition of his office to reduce the cost burden of government.


ARTICLE 1 Texas Constitution
BILL OF RIGHTS
That the general, great and essential principles of liberty and free government may be recognized and established, we declare:
      § 1. FREEDOM AND SOVEREIGNTY OF STATE.
      Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

§ 3. EQUAL RIGHTS.
All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
     § 3a. EQUALITY UNDER THE LAW.
      Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. (Added Nov. 7, 1972.)

§ 13. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

§ 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS;
IMPAIRING OBLIGATION OF CONTRACTS.
      No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

§ 17. TAKING, DAMAGING, OR DESTROYING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES.
      No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities, shall be made; but all privileges and franchises granted by the Legislature, or created under its authority shall be subject to the control thereof.

This states that property (again a wage) may not be taken without permission freely given and/or being compensated for.

§ 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW.
      No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

§ 26. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS.
Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State.

§ 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES.
      The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

Attempting to streamline government through legal means must not carry a penalty.

§ 29. PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE.
      To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.


The next section is not the law of the land, but the Libertarian Party Statement of Principals directly from the Texas Party Rule Book.
     There are some in my own party that ask why I would choose my path, this is to remind them, and ask why if you truly believe in these principles you don't follow this path with me.

I. STATEMENT OF PRINCIPLES

We, the members of the Libertarian Party, defend the rights of the individual, and challenge the myth that the state should be omnipotent.

We hold that all individuals have the right to exercise sole dominion over their own lives, and to live in whatever manner they choose, as long as they do not forcibly interfere with the equal rights of others.

Governments throughout history have regularly operated on the opposite principle, that the State has the right to dispose of the lives of individuals and the fruits of their labor.

We, on the contrary, deny the right of any government to do these things. Where governments exist, they must not violate the rights of any individual: namely,

  1. the right to life - accordingly we support prohibition of the initiation of physical force against others;
  2. the right to liberty of speech and action - accordingly we oppose all attempts by government to abridge the freedom of speech and press, as well as government censorship in any form; and
  3. the right to property - accordingly we oppose all government interference with private property, such as confiscation, nationalization, and eminent domain, and support the prohibition of robbery, trespass, fraud, and misrepresentation.

Since governments, when instituted, must not violate individual rights, we oppose all interference by government in the areas of voluntary and contractual relations among individuals. People should not be forced to sacrifice their lives and property for the benefit of others. They should be left free by government to deal with one another as free traders; and the resultant economic system, the only one compatible with the protection of individual rights, is the free market.


The affidavit must include a statement by the officer describing the method by which the officer intends to seek to obtain the abolition of the office for which the officer was elected and the date by which it is proposed to be accomplished.

The second sentence adds insult to injury by demanding of those who would work for abolition of their office what they ask of no other officer. No officer who intends to serve out his term of office or has given no notice of an intent to work for the abolition of his office is instructed to lay out his plan of action and timetable to accomplish his stated goals.
         This law would deny equal protection to all officers and candidates by singling out those who would speak of streamlineing the system from those who would perpetuate it.

More than the antiquated and redundant offices we wish to have abolished this law must be hung around the necks of those that would support it as their albatross.


Some important Links:

United States Constitution

Texas Constitution

Texas Statutes


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