Following through on his pledge to use all means necessary to find, arrest and return absconding House Democrats to Texas, the Texas House, led by House Speaker Dustin Burrows, R-Lubbock, sued Democrats hiding out in California.
The Texas House on Saturday sued Democratic state Reps. Rhetta Andrews Bowers, Gina Hinojosa, Ann Johnson, Ray Lopez, Mary Ann Perez and Vincent Perez.
The lawsuit was filed in Superior Court of California, County of Tehama. Joining Texas as plaintiff is Newport Beach-based Dhillon Law Group.
This is the second lawsuit the Texas House filed against absconding Democrats, who left their home state to prevent a vote on Republicans’ Congressional redistricting effort. The first was filed against 33 Democrats in Illinois, The Center Square reported.
“The Texas House stands ready to conduct the work expected of us by our constituents, but until the absent members return, our state will continue to do without critical disaster relief and solutions for a more prepared and resilient Texas,” Burrows said. “This political game holding up our efforts has gone on long enough. All members will eventually have to come back, but the business before the House is too important to wait on the outside political influences pushing these members to delay the inevitable.”
Burrows signed civil warrants Monday for the arrest of 56 Democrats who failed to return to Austin, ensuring no quorum would be reached. Only six Democrats showed up. By Friday, only nine had, bringing the total of members present to 95. One hundred are needed for a quorum. Without reaching a quorum, the Texas House can’t vote on bills, including disaster relief for Hill Country flood victims.
By Friday, Burrows said, “all hands were on deck” to locate, arrest and return missing Democrats, The Center Square reported. He also said the state would be suing Democrats in other states. Next to be sued were those hiding out in California.
“The members who fled have been given ample time and opportunity to return on their own accord, and because they have continued to refuse their responsibilities to their constituents and return to Texas, the State has no choice but to pursue additional legal remedies to compel their return from other states,” Burrows said. “Our full focus is on stopping this dereliction of duty and restoring quorum in the Texas House as soon as possible so we may return our time, attention, and resources where they most matter – on the critical issues of the special session call.”
Burrows issued arrest warrants pursuant to his authority under Article III, Section 10 of the Texas Constitution and Rule 5, Section 8, of the Texas House Rules, which states that when the speaker issues a “call of the house,” which Burrows did on Monday, “[a]ll absentees for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found.”
The California lawsuit is similar to the one filed in Illinois, requesting the California court to domesticate Texas warrants issued by the Texas House of Representatives against legislators who absconded.
The lawsuit cites the same Full Faith and Credit Clause of the U.S. Constitution, stating, “The United States Constitution, federal statute, and the doctrine of comity between states demand otherwise. This Court must give full faith and credit to warrants duly issued by the Texas House of Representatives that compel these civil servants to return to Texas and to their civic responsibilities.”
“Texas requests and is entitled to the assistance of its sister State, the State of California, to enforce the Quorum Order and Quorum Warrant as to each of the Texas House members breaking quorum and evading civil arrest in California,” the lawsuit states. “Texas seeks enforcement of the rule of law in California, the assistance of California law enforcement officials, and this Court’s assistance, to lawfully return to Texas the Defendant legislators who fled to California to evade their duties to participate in the ongoing Special Session of the Texas Legislature.”
It asks the court to “issue a rule to show cause why Respondents should not be held in contempt,” to initiate contempt proceedings against them “for unlawfully seeking to evade Texas’s duly issued Quorum Warrants,” and set a hearing as soon as possible. If it doesn’t, “Texas is threatened with immediate and irreparable harm,” the lawsuit argues.
