Texas redistricting: Political stakes increase in day two of Democrat quorum break

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The Brief

  • Abbott files petition to state Supreme Court to remove state Rep. Gene Wu over quorum break

  • Speaker Burrows issues Friday deadline for quorum-breaking Democrats to come back

  • Paxton says he will also file legal action against quorum-breaking Democrats

AUSTIN, Texas - The political stakes have gotten higher on day two of the Texas Democrat walkout in response to congressional redistricting efforts.

Gov. Greg Abbott has filed a petition to the state Supreme Court requesting the removal of Texas House Democratic Caucus chair Gene Wu (D-Houston). That filing capped off another day of political positioning and repositioning.

The quorum break is about Republican efforts to redraw congressional lines. President Trump urged the controversial re-write, believing it could help secure up to five extra GOP-controlled seats in Congress.

Day two of quorum break

The latest

A handful of Democrats were in the Texas House on Tuesday, but not enough; 94 members registered as present Tuesday, just a few short of what is needed to make a quorum.

House Speaker Dustin Burrow reminded members that on Monday, he signed civil arrest warrants for those absent and set a Friday deadline for the quorum-breaking Democrats to return.

Speaker Burrows spoke to FOX 7 Austin about the extreme measures now in play:

"i know everyone is committed to basically using whatever tools are in the toolbox to getting things done. What I am focused on right now is using the powers of the Texas Speaker which to put a call on the house. We have signed civil arrest warrants. We're working with DPS. I intend to make quorum. We were close today. We were close today. I would like to make quorum on Friday and we pass these historic things that all Texans, all Texan’s want," he said.

Ken Paxton to file legal action; Abbott files suit

On Tuesday afternoon, Attorney General Ken Paxton announced he will file legal action to remove from office those who miss the Speaker's deadline.

Reportedly, Paxton has said the legal action would probably have to be filed in local district courts, taking time and running the risk of finding an unfriendly judge.

However, Abbott's petition would bypass a local court hearing and take the matter straight to the state Supreme Court, which is dominated by Republicans. There’s no guarantee that the Texas Supreme Court will immediately side with the governor and remove state Rep. Wu because of a previous ruling.

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In 2021, the state Supreme Court upheld the authority of statehouse leaders to compel AWOL members back to the Chamber, but that ruling also apparently recognized the ability for minority members to break quorum.

The legal fight could drag on for weeks, but Speaker Burrows remains optimistic that there is still time to take up big issues like flood response and hemp products.

"I believe we will make quorum, we will address those and it needs to happen sooner than later," said Speaker Burrows.

Texas Dems respond to bribery accusations

On Tuesday morning, several Texas Democrats were still in Chicago digging in.

During a media briefing, state Rep. Wu dismissed accusations that donations to help pay their $500-a-day fine is a form of bribery.

"I’m curious about the obsession with how it's being funded. My phone and the phones of every member here have been blowing up nonstop from constituents, from people that I've met like five years ago, from people around the country somehow got my number, texting me, ‘We support you. How can we help?’" said Wu.

Pushback on Democrats for Illinois trip

Democrats are also facing pushback for the run to Chicago, as Illinois recently did its own redistricting, which eliminated Republican districts.

State Rep. Janie Lopez (R-San Benito) spoke on this, saying: "That state has, what, 17 Democrat congressional seats and three Republican congressional seats? Come on. You know, here, what we're doing is we're redistricting 37 out of 38 seats. And the five major ones that are being redistricted are actually in support of minorities. The Hispanic population, four out of the five, are actually supposed to help the minority vote so that they can have their voice heard."

What's next

With the clock ticking down on Speaker Burrows’ deadline, state Rep. Mano DeAyala (R-Houston) offered this long-distance message: "Colleagues, friends, come home. We miss you. Come back. Let's get this work done. There's a whole lot of work that's left to do. And much of it I know you guys are excited about. Come home, let's get work done and serve our constituents."

If seats are eventually vacated, that could allow an attendance re-calculation and lower the number needed for a quorum. It happened earlier this special session in the Texas Senate when Kelly Hancock left for the comptroller's office.

The Source

Information in this report comes from reporting/interviews by FOX 7 Austin's chief political reporter Rudy Koski.

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