Texas Democrats face $500 daily fines: What to know

The Hill

2 days ago

Texas Democrats who fled their state on Sunday face $500 daily fines as they try to stall GOP efforts to redraw the Lone Star State's congressional maps, along with Gov. Greg Abbott's (R) call for their arrest.
Democrats are denying the Republican-led state House of the numbers it needs to function and pausing progress on the redistricting proposal — but the move comes with big risks for the participating lawmakers.
The threats ratcheted up Monday afternoon when Abbott ordered the Texas Department of Public Safety, after the state House issued warrants, to return to 'locate, arrest and return to the House chamber any member who has abandoned their duty to Texans … until all missing Democrat House members are accounted for and brought to the Texas Capitol.'
At the same time, each quorum-breaking Democrat faces a daily fine of $500 while they're holding up the state legislature, on top of the costs of living away from their homes in the Lone Star State. Now that more than 50 lawmakers have fled the state, the risky standoff could become increasingly expensive.
Here's what to know:
Fines came after last quorum break
This isn't the first time Democrats have broken quorum to stall legislative business, a strategic move for the minority party in the state House. They walked out over a separate redistricting battle back in 2003, then again in 2021 as Republicans tried to pass new voting restrictions.
Both times, Democrats were successful in slowing things down, though the bills ultimately passed.
Less than two years after Democrats' 2021 quorum break stalled things for more than five weeks, the Texas House approved new punishments for lawmakers who break quorum.
Members absent from sessions of the House without leave 'for the purpose of impeding the action of the house,' according to the rules passed in 2023, face fines, reprimand, censure and potential expulsion, and are also obliged to pay their share if a sergeant-at-arms has to be dispatched to bring back lawmakers.
Donors could help offset costs
Democrats have shared few specific details about how they'll offset the costs incurred through their protest.
The Texas Tribune reported last week that some donors appeared prepared to help out if a walkout occurred, as some in the party considered how to work around rules that prevent lawmakers from using their campaign funds to pay the fines.
Illinois Gov. JB Pritzker (D), speaking to reporters alongside some of the Texas Democrats who fled to his state, stressed on Sunday that the state lawmakers 'have the right to raise money' but deferred on whether he would personally support them financially.
New York Gov. Kathy Hochul (D), at a similar presser in Albany, said she expected there will be 'exorbitant legal expenses' for the lawmakers and encouraged others 'to step up and invest in these brave soldiers for our democracy.'
Separately from the fines, the costs of spending time out of state will also rack up.
In 2021, before the rule change to add fines, a group aligned with former Rep. Beto O'Rourke (D-Texas) reportedly gave $600,000 to help fund lodging, meals and transportation during Texas Democrats' stay in Washington, D.C. for the last quorum break.
Costs could vary depending on timeline
State legislators in Texas make just $600 per month as their base salary, plus a per diem for each day the state legislature is in session, set at $221 per day as of 2023. With fines of $500 per day, just a couple weeks of a quorum break could quickly exceed the lawmakers' base salaries.
Quorum was broken for four days in 2003, and nearly six weeks in 2021. The state lawmakers who have fled are likely trying to run out the clock on the ongoing 30-day special session, which kicked off July 21. But Abbott has the authority to call an unlimited number of additional special sessions, including back-to-back blocks.
Democrats could theoretically try to stay out of the state until November, when the filing period for 2026 primary candidates opens in Texas, to stall the maps from taking effect before the midterms. But staying away from their offices also puts a pause on other business, keeping the chambers from passing legislation on other issues.
It's unclear how long Democrats may be willing to stay away, whether or not they can afford to financially.
'We're here. We're committed to this. We're all away from our families … This is not a decision that we take lightly,' Texas state Rep. Gene Wu (D) said on Monday, when asked about how long he could see the effort going.
Abbott threatens bribery charges over fines, orders arrests to compel return
The state Democrats taking part in the quorum break risk losing their seats in the House, as Abbott has threatened to remove missing lawmakers from membership who were not in attendance when the state House reconvened on Monday afternoon.
Abbott also argued that any state lawmaker who accepts support to cover the fines may have violated state bribery law. He said the same could be true of someone who 'offers, confers or agrees to confer' such funds to the fleeing members.
'In addition to abandoning their offices, these legislators may also have committed felonies. Many absentee Democrats are soliciting funds to evade the fines they will incur under House rules,' Abbott said in a statement.
Bribery charges could come with additional fines.
And on Monday afternoon, Abbott ordered the arrest of what his office called 'delinquent' Texas House Democrats to ensure compliance with state House Speaker Dustin Burrows' warrants for members to return to the chamber. The governor said on X that there's 'more coming later today and tomorrow.'
Abbott's move came shortly after the Texas House Democratic Caucus responded to the governor's threats with the message 'come and take it.'