The Brief
The standoff between Texas House Democrats and Governor Greg Abbott continues after lawmakers left the state Sunday.
The break in quorum is an attempt to stop a vote on a gerrymandered congressional map.
Gov. Abbott has called for an investigation into bribery and the arrest of the lawmakers.
HOUSTON - Texas House Democrats have broken quorum by fleeing the state - to block a scheduled vote on a newly drawn congressional map that would expand Republican power in Washington.
Texas redistricting fight continues: House Democrats flee the state
What we know
Governor Greg Abbott is calling it a "dereliction of duty" and has ordered the Texas Rangers to investigate the lawmakers for potential violations of state law, including bribery.
Governor Demands Investigation and Arrests
What they're saying
"Today, I ordered the Texas Rangers to immediately investigate fleeing Texas House Democrats for potential bribery and any other potential legal violations," Abbott said in a statement released Monday.
The statement goes on to say, "Reports indicate that many absentee Texas House Democrats have solicited or received funds to evade conducting legislative business and casting votes. Under the Texas Penal Code, any of those Democrats who solicit, accept, or agree to accept such funds to assist in the violation of legislative duties or for purposes of skipping a vote may have violated bribery laws."
Per the Texas Penal code, for a bribery law to be broken, a clear quid pro quo must be present - meaning representatives would have to accept money in exchange for skipping the vote.
Can They Be Arrested?
Dig deeper
Gov. Abbott has also ordered for the arrest of the Democrats who left, saying in a release, "Speaker Dustin Burrows just issued a call of the Texas House and issued warrants to compel members to return to the chamber. To ensure compliance, I ordered the Texas Department of Public Safety to locate, arrest, and return to the House chamber any member who has abandoned their duty to Texans. This order will remain in effect until all missing Democrat House members are accounted for and brought to the Texas Capitol."
Breaking quorum is not a criminal offense. It’s a civil violation - meaning law enforcement can physically detain and return lawmakers to the Capitol, but only within state lines.
Because the lawmakers have headed to Chicago, Washington D.C. and New York, Texas authorities currently have no jurisdiction to arrest them.
In 2021, the Texas Supreme Court ruled that absent lawmakers could be compelled to return to the chamber, but only if they’re inside Texas.
Who’s Paying for the Quorum Break?
By the numbers
A spokesperson for the Texas House Democratic Caucus says the trip is being privately funded through campaign donations and outside support, not taxpayer dollars.
Lawmakers get a state-issued per diem, roughly $221/day, while in session. The payments are sent at the end of the month. Some lawmakers have pubically stated they will not be accepting their per diem - but a blanket protocol hasn't been announced.
What Happens to the Rest of the Agenda?
Big picture view
There are 18 items on the governor’s special session agenda, including flood disaster funding, school safety, and efforts to restrict THC statewide.
But none of those measures can move forward without a quorum.
House Speaker Dade Phelan issued a statement calling the walkout "irresponsible and dangerous," noting that "lives and communities impacted by the Hill Country floods are left waiting for answers."
The House cannot conduct business, debate, amend, or vote until 100 of the 150 members are physically present. As of Monday afternoon, only six Democrats were in the chamber.
Additionally, any official actions taken this session will not transfer to a new one if the Democrats don't return by the end of the current session.
"Nothing productive can occur during this special session because, even from a procedural process, everything starts anew with the next special session," said political Analyst Mark Jones.
Jones says some speculate that Republicans purposefully put the redistricting vote ahead of the other measures in an attempt to prevent a quorum break.
The Source
Governor Greg Abbott statement, Texas Constitution Article III Section 10, Texas Penal Code §36.02, Texas House Democratic Caucus
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