Texas Governor Greg Abbott Orders Arrest of Democratic Lawmakers. Can He Do That?
Texas House Democrats left the state on Sunday to deny quorum, which was required for the State House to pass legislation
Gov. Greg Abbott ordered the arrest of Texas House Democrats who left the state, and the House Speaker vowed to sign civil warrants, which will only apply to Democrats within state lines
The Texas House was set to vote on a new congressional map that could lead to more Republicans in the U.S. HouseTexas Gov. Greg Abbott ordered the arrest of Texas House Democrats who left the state to prevent the passage of a new congressional map of the state designed to give Republicans more seats in the U.S. House.
Dozens of Democrats left Texas, making it impossible for the Texas House, which is dominated by Republicans, to establish the quorum needed to pass legislation. On Monday, Aug. 4, House members in Austin voted 85-6 to arrest the Democratic lawmakers who were not in the Capitol, per the Texas Tribune. House Speaker Dustin Burrows vowed to sign civil warrants for the Democrats who left the state, but the warrants will only apply to Democrats within state lines. Many have already left for Illinois, New York and Massachusetts.
"This house will not sit quietly while you obstruct the work of the people," Burrows said, per CBS Austin. "The people of Texas are watching and so is the nation."
After the House issued the warrants, Abbott, 67, also ordered the arrest of 'delinquent' Texas Democrats.
'Texas House Democrats abandoned their duty to Texans,' The governor said in a statement. 'By fleeing the state, Texas House Democrats are holding hostage critical legislation to aid flood victims and advance property tax relief. There are consequences for dereliction of duty."
Abbott said he 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,' adding, 'This order will remain in effect until all missing Democrat House members are accounted for and brought to the Texas Capitol.'
'He has no legal mechanism,' Texas Rep. Jolanda Jones, who traveled to New York, said on Monday, per the Associated Press. 'Subpoenas from Texas don't work in New York, so he can't come and get us. Subpoenas in Texas don't work in Chicago... He's putting up smoke and mirrors.'
Abbott also sent a letter to the members who left Texas on Sunday, Aug. 3, threatening to invoke a legal opinion by the state's attorney general to "remove the missing Democrats from membership in the Texas House." He claimed members could also face felony charges for fundraising to pay the $500 daily fine that would rack up for each they they are out of Austin.
"Come and take it,' the Texas House Democratic Caucus said in response Sunday night.
The Texas House has 150 members, and at least 100 are needed to attend to reach a quorum. There are 62 Democrats, meaning that if 51 or more are missing, the ongoing special session can't pass any bills. There are just over two weeks left of the special session, which Abbott called after the devastating Hill Country floods. In his proclamation calling for the legislature to meet, Abbott also listed other priorities, including redrawing congressional districts and passing a bathroom bill that would require transgender people to use bathrooms that match their birth sex in public buildings.
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Democrats haven't said how long they plan to stay out of Texas. State Rep. Gene Wu, the Texas House Democratic Caucus leader who traveled to Illinois, said they will 'do whatever it takes,' but added, 'What that looks like, we don't know.'
Texas Democrats also left the state in 2021 to protest new voting restrictions. In that case, the Texas Supreme Court said House leaders could 'physically compel' missing members to attend, but Democrats weren't forcibly brought back. They returned after 38 days, and the bill passed anyway.
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The Texas House adjourned on Monday after the arrest warrants were approved and is scheduled to meet again on Tuesday.
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