The Texas Constitution secures the inherent inalienable Right of the Individual to restitution from government for government malfeasance in the Bill of Rights, Article I, Section 13:
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.
COMMENT: As all should know from grade school civics, the Rights secure in our Bill of Rights are to protect us from government. They apply to government. The open courts provision in our Bill of Rights is to keep the courts open to the to a Citizen for injury done by government. This provision mandates restitution for citizens injure by and through those who act in the name of government while acting or purporting to act in the name of the government (aka, the State). Kings and governments have always provided courts for subjects to secure remedy from other subjects. No Magna Carta, Constitution, or statutory law was necessary for this. A Constitution with a Bill of Rights is to protect the Individual from the government and the sovereign. See the page on the Magna Carta for understanding.
Texas Constitution, Bill of Rights, Section 27 provides:
The citizens shall have the right...to apply to those invested with the powers of government for redress of grievances or other purposes by petition, address or remonstrance.
COMMENT: The Legislature has the power of the purse and to make law. The Legislature is the only division invested with the power to provide remedy to Heimlich for injury done to him in his lands, goods, person and reputation. Thus Heimlich has a Right, secured in the Bill of Rights, to address the legislature with a request payment of the Final Judgment he obtained pursuant to the following provision of our Texas Constitution;
A Resolution Pursuant to 51c of Article
III of the Texas Constitution
Whereas; Article III of the Texas Constitution, Sec. 51-c. Is titled:
AID OR COMPENSATION TO PERSONS IMPROPERLY FINED OR IMPRISONED, and provides as follows:
The Legislature may grant aid and compensation to any person who has heretofore paid a fine or served a sentence in prison, or who may hereafter pay a fine or serve a sentence in prison, under the laws of this State for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.
Whereas; Edmund Bryan Heimlich is a person, and citizen of Texas.
Whereas; The Texas Court of Appeals for the 14th Supreme Judicial District, of public record as cause no. 14-95-01369-CR, found Edmund Bryan Heimlich to be not guilty of the charge for which he was fined and served a sentence in prison.
Whereas; the facts and law of the case, of public record and adjudicated, prove the charge, the fine, the imprisonment suffered by Edmund Bryan Heimlich was improper. In addition to the trial record and the adjudication of the case in cause no. 14-95-0136-CR, the Civil Proceedings that followed in The Texas Court of Appeals for the 3rd Supreme Judicial District of public record as cause no. 03-02-00151-CV found the charge, the fine, the imprisonment, to have been improper and that compensation is due pursuant to the takings clause, Section 17, Article I, of the Texas Constitution.
Whereas; The Final Judgment in District Court for the State of Texas, 353rd Judicial District, of public record as cause no. GN 100142, found the property loss suffered by Edmund Bryan Heimlich as a result of the taking, damage, and destruction done to his private property at the hands of the State of Texas in the course of the taking, the improper fines, and the imprisonment require compensation in the amount of $660,605.74, plus post judgment interest at the rate of 6.5% per annum from the date of October 3, 2005 until paid.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS,
The Final Judgment of record October 3, 2005 in Cause No. GN 100142 entitled Edmund Bryan Heimlich vs. The State of Texas, by and through Greg Abbott, the Attorney General, be paid out of the sums of money appropriated to General Revenue Fund Account No. 0001 in the HB _____ and/or SB ______ for payment of itemized claims and judgments plus interest, if any, against the State of Texas.