Speaker Dustin Burrows gaveled in the Texas House Friday and no quorum was reached after the fifth day. One hundred state representatives are needed for a quorum. Those present included 86 Republicans and nine Democrats.
Burrows gave an update on the state’s progress to actively pursue missing House Democrats and return them to Austin. Of the 62 House Democrats, 53 didn’t show up, dozens are believed to be in at least four states, Burrows said.
“We have all hands on deck. We are continuing to explore new avenues to compel a quorum and will keep pressing forward until the job is done,” he said.
On Sunday, more than 50 House Democrats fled the state to stop legislative business knowing their absence would prohibit a quorum from being reached. Burrows called the House to order on Monday; only six Democrats showed up. The speaker then signed civil arrest warrants for 56 Democrats who absconded. Burrows convened the House again on Tuesday and only eight Democrats showed up.
Gov. Greg Abbott had ordered House Democrats to return to Austin or said he would take action to arrest and potentially remove them from office. He also filed an emergency petition with the Texas Supreme Court to remove the House Democratic leader from office, Rep. Gene Wue, D-Houston.
On Thursday, the biggest action was taken yet, after the House, along with an Illinois state senator, sued 33 Democrats in an Illinois court requesting that it domesticate Texas warrants, The Center Square reported.
“I expect suits in other states will be forthcoming,” Burrows said. Rep. Charlie Garren, R-Lake Worth, who chairs the House Committee on House Administration, contacted the Sergeant at Arms of Illinois House of Representatives, Burrows said, “requesting their direct assistance in returning absent members.”
He also said he’s been in constant contact with Texas Department of Public Safety, “which has been working to track down absent members in an effort to return them to our chamber. These efforts will continue through the weekend.”
He also gave a direct message to absconding House Democrats: “For those that have fled to Illinois, or to California, be reminded that the FBI’s assistance has reportedly been enlisted and their powers are not confined to any singular state’s boundaries.”
U.S. Sen. John Cornyn, R-Texas, requested FBI assistance, which he said was granted on Thursday, The Center Square reported.
Burrows also emphasized that no relief for Hill Country flood victims can be released until a quorum is met. House Democrats continue to claim their priority is relief efforts but because of a redistricting bill they are blocking all legislative action.
On Friday, Rep. Dr. Greg Bonnen, R-Friendswood, filed HB 3, priority legislation for flood recovery and infrastructure funding. The bill was developed after 25 hours of testimony “from Texans whose lives were upended by the July 4th floods,” Burrows said. A committee hearing was held this week to address emergency response but the bills couldn’t be passed because no quorum was reached, The Center Square reported.
To House Democrats “in California, Illinois, New York, or Massachusetts, wherever you may be, hear this: the bill cannot be referred to committee without a quorum. Every hour you remain away is time stolen from those Texans in need,” Burrow said.
“Each one of you knows that eventually you will come back and we will pass the priorities of the special session on the call. But with each passing day, the political cost of your absence is rising and it will be paid in full.”
The House is scheduled to reconvene on Monday but “DPS is in the field to execute these warrants,” Burrows said. “Should they lead to the civil arrest of our absent colleagues over the weekend, you are on call,” he told members. “You will need to be available to return to Austin with a minimum of six hours of notice.”
Burrows also implemented new administrative policies, including preventing AWOL Democrats from receiving pay electronically.
“While the [Texas] Constitution forbids us from withholding pay, it does not dictate how we issue the pay. Those checks must now be picked up in person on Capitol grounds, effective immediately,” he said.
“To safeguard taxpayer dollars and account for forthcoming liabilities,” Burrows also said he was imposing daily $500 fines on AWOL Democrats, “under Rule 5, Section 3 of House Rules,” and 30% of their monthly operating budget is being withheld, “reserved and made unavailable for expenditure,” he said.
Absent members must also appear in person to approve or enact any requests for travel reimbursement, personal action requests, including related to staff salaries, newsletters and House services. “Failure to appear in person will result in the cancellation of your newsletters and the encumbered funds,” he said.
The Texas Supreme Court has set a 5 p.m. deadline Friday in Abbott’s lawsuit against Wu. The Illinois Court has yet to rule on the House lawsuit. Additional lawsuits are expected to be filed in other states.
