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Members of the House Democratic Caucus attend a press conference on the opening day of the special session at the Texas Capitol on July 8, 2021. (Sophie Park/The Texas Tribune)
By Alexa Ura and Cassandra Pollock
Democrats in the Texas House of Representatives plan to leave the state and fly to Washington, D.C., Monday afternoon, according to sources with knowledge of the plan, in a bid to again deny Republicans the quorum needed to pass new voting restrictions with 27 days left in a special legislative session called largely for that purpose.
Upping the ante in both the legislative fight at home and the national debate over voting rights, most House Democrats are expected to board a flight out of Austin headed for the capital without a set return date. They'll need at least 51 of the 67 Democratic representatives to flee for their plan to work. The House is set to reconvene Tuesday morning, but the absent Democrats could mean there will not be enough members present to conduct business under House rules.
With the national political spotlight on Texas' efforts to further restrict voting, the Democratic exodus offers them a platform to continue pleading with Congress to act on restoring federal protections for voters of color. Back in Texas, the decamping will mark a more aggressive stance by Democrats to block Republican legislation further tightening the state's voting rules as the GOP works against thinning statewide margins of victory.
Ultimately, Democrats lack the votes to keep the Republican-controlled Legislature from passing new voting restrictions, along with the other red meat items on Gov. Greg Abbott's 11-item agenda for the special session.
Some Democrats hope their absence will give them leverage to force good-faith negotiations with Republicans, who they say have largely shut them out of negotiations over the voting bill. Both chambers advanced their legislation out of committees on party-lines votes after overnight hearings, passing out the bills early Sunday morning after hearing hours of testimony mostly against the proposal and just a few days after making their revived proposals public. They are expected to bring the bills to the floor for a vote this week.
Even if Democratic lawmakers stay out of state for the next few weeks, the governor could continue to call 30-day sessions or add voting restrictions to the agenda when the Legislature takes on the redrawing of the state's political maps later this summer.
Monday's mass departure follows a Democratic walkout in May that kept Republicans from passing their priority voting bill at the end of the regular legislative session. For weeks, Democrats had indicated that skipping town during the special session remained an option as Republicans prepared for a second attempt at tightening the state's voting laws.
House Speaker Dade Phelan, R-Beaumont, has signaled he may take a harder line against his Democratic colleagues than he did when members walked out in May.
"My Democratic colleagues have been quoted saying all options are on the table," Phelan told KXAN in an interview that aired the day before the special session began. "Respectfully, all options are on the table for myself as well."
According to House rules adopted at the beginning of the regular session, two-thirds of the 150-member chamber must be present to conduct business. When the House is in session, legislators can vote to lock chamber doors to prevent colleagues from leaving, and order law enforcement to track down lawmakers who have already fled.
If a quorum is not present when the House convenes Tuesday, any House member can move to make what's known as a call of the House to "to secure and maintain a quorum" to consider a certain piece of legislation, resolution or motion, under chamber rules. That motion must be seconded by 15 members and ordered by a majority vote. If that happens, the missing Democrats will become legislative fugitives.
"All 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, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms for that purpose, and their attendance shall be secured and retained," the House rules state. "The house shall determine on what conditions they shall be discharged."
It's unclear though what options Phelan may have to compel Democrats to return to the Legislature if they're out of state.
The House voting bill as passed by committee over the weekend would rein in local voting initiatives like drive-thru and 24-hour voting, further tighten the rules for voting by mail, bolster access for partisan poll watchers and ban local election officials from proactively sending out applications to request mail-in ballots.
Democrats leaving also calls into question other items included on Abbott's special session agenda, including legislation to provide funding for the Legislature. Last month, Abbott vetoed a section of the state budget that funds the Legislature for the two-year budget cycle that starts Sept. 1. He did so in retribution for Democrats' walkout in May. If the Legislature does not pass a supplemental budget before the new cycle begins, more than 2,100 legislative staffers and individuals working at legislative agencies could be impacted.
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Texas special session agenda includes critical race theory, trans sports ban and voting restrictions
The Texas Legislature will convene for a special session on Thursday at 10 a.m. (Stuart Seeger/CC)
State lawmakers will reconvene at the Texas Capitol on Thursday morning for a special session, where Gov. Greg Abbott has asked that they prioritize 11 issues not passed during the regular session, which ended May 31.
"Two of my emergency items, along with other important legislation, did not make it to my desk during the regular session, and we have a responsibility to finish the job on behalf of all Texans," Abbott said in a statement Wednesday.
The agenda includes:
- Bail reform: This includes legislation reforming the bail system to protect the public from accused criminals who may be released on bail. Bail reform advocates have said Abbott's proposal does not address cash bail practices that multiple federal courts have found to be discriminatory against poor people, according to the Texas Tribune.
- Elections: This includes legislation "strengthening the integrity of elections in Texas," according to Abbott. The GOP elections bill would have limited early voting hours and drive-thru voting, among other things, and died in the final hours of the regular session after House Democrats staged a walkout.
- Border security: This relates to legislation that funds law-enforcement agencies, counties and other border security strategies.
- Social media censorship: This includes legislation pushing back on private social media companies that censor users who violate their user policies or "silence conservative ideas -[and] religious beliefs," Abbott explained it in March, as reported by the Texas Tribune.
- Article X funding: This item relates to legislation providing appropriations to the Legislature and legislature agencies. Abbott vetoed funding for the legislative branch last month after House Democrats killed the GOP priority elections bill, leaving lawmakers, staffers and aides without paychecks.
- Family violence prevention: This relates to legislation that would require schools to educate middle and high school students about dating violence, domestic violence and child abuse but would also give parents a choice to opt out.
- Youth sports: After a campaign by Lt. Gov. Dan Patrick, Abbott included legislation that would prohibit transgender students from participating on school sports teams that correspond with their gender identity, according to the Texas Tribune.
- Abortion: This relates to legislation that would prohibit people from providing abortion-inducing drugs by mail or delivery service along with other restrictions. State lawmakers passed one of the strictest abortion measures in the country, banning the procedure as early as six weeks, during the regular session.
- Thirteenth check: This relates to a "thirteenth check" or one-time supplemental benefits payment under the Teacher Retirement System of Texas.
- Critical race theory: This relates to legislation similar to House Bill 3979, which dictates how Texas teachers can speak to students about current events and America's history of racism, according to the Texas tribune. Although Abbott recently signed this bill into law, he has signaled that he wants more done to abolish critical race theory, a decades-old academic concept that race is a social construct, which has become a national cause among Republicans.
- Appropriations: This relates to legislation that would provide appropriations from available general revenue for property tax relief, increasing the number of foster care providers and cybersecurity safeguards.
In addition to this special session, state lawmakers will reconvene later this year to tackle redistricting.
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(Pexels)
Texas Legislature staff members have taken to social media to raise awareness—and also just air their misfortunes—following the summer special session announcement and their own defunding.
In a game-seven-type move by Texas Democrats, the 87th Texas Legislative session was capped off by a last-minute walkout to avoid a final vote on a bill that would add restrictions to voting.
Needless to say, Gov. Greg Abbott—who cheerleaded the bill throughout the legislative session—was not thrilled.
Not up to date on your Texas Lege drama? Abbott was pointing to when former Texas State Senator Wendy Davis staged a dramatic hours-long filibuster over a 2013 abortion bill, which the public gallery aided. The "story" Abbott is referring to ended with him and other prominent conservatives sweeping the 2014 statewide election and the bill passing in a special session.
According to Abbott, the regular session centered around supporting "hardworking Texans and building a state that is safer, freer, healthier, and more prosperous."
However, the two items deemed at the top of Abbott's wish list for this session—election integrity and bail reform—did not reach his desk at the end of the session, both championed by Abbott to be "must-pass emergency items."
"It is deeply disappointing and concerning for Texans that neither reached my desk," Abbott said in a statement. "Ensuring the integrity of our elections and reforming a broken bail system remain emergencies in Texas, which is why these items, along with other priority items, will be added to the special session agenda."
Abbott said he expected lawmakers to work out their differences prior to the special session and continue to pass other emergency items and priority legislation.
So, everything is cool, right? No worries?
Wrong.
Hours before the no vote, as the clock ran out on the bill that he championed, Abbott tweeted that he would veto funding for the entire state legislative branch. The decision would impact not only Texas lawmakers but their staff and aides. "No pay for those who abandon their responsibilities," Abbott tweeted May 31.
I will veto Article 10 of the budget passed by the legislature. Article 10 funds the legislative branch. No pay… https://t.co/KNyuNvxP55— Greg Abbott (@Greg Abbott)1622484820.0
With pay, health insurance and other support for staffers on the line, the threats became a reality on June 18 with an official veto of the funds from Abbott.
The veto effectively nixes all funding for the legislative branch.
"Texans don't run from a legislative fight and we don't walk away from an unfinished business," Abbott wrote in the veto. "Funding should not be provided for those who quit their job early, leaving their state with unfinished business and exposing taxpayers to higher costs for an additional legislative session."
However, questions have been brought up over the constitutionality of the veto itself. Section 24 of the Texas Constitution makes not paying members of the legislature illegal.
The special session is set to begin July 8. So, what does this mean for lawmakers, staffers and aides?
No pay, no insurance... and Twitter followers?
The staffers took their final stand on Twitter where they aired their grievances with the situation and asked for followers to increase their footprint.
Meet Jen Ramos, a staff member for Texas State Senator Judith Zaffarini—and also defunded by Abbott.
My name is Jen. I’m one of the #txlege staffers defunded by Greg Abbott. Apparently now I’m supposed to ask for Tw… https://t.co/pteKADP3Hj— Jen Ramos ✨ (@Jen Ramos ✨)1624466531.0
And she's not alone. Use the hashtag #txlege and you'll find other similar messages online, like Camille's and Hector's and more.
My name is Camille, my friends call me Cam or Cammie. I’m one of the #txlege staffers defunded by Greg Abbott. And… https://t.co/mOvcjxTiUL— Camille Lasin (@Camille Lasin)1624474153.0
My name is Hector. I’m one of the #txlege staffers defunded by Greg Abbott and who had to deal with elections stuff… https://t.co/88PINm9KCv— Hector 🏙🤠 (@Hector 🏙🤠)1624466987.0
My name is Jake Salinas. I'm the TX Dem that saved the film industry in TX and broke quorum on SB7 Now our Gov h… https://t.co/PLf9ScA4Ev— Jake Salinas (@Jake Salinas)1624464237.0
It's unclear whether Abbott and other prominent Republican lawmakers will come together with Democrats to overturn the veto and continue providing insurance and regular pay for lawmakers, staffers and aides.
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(Jordan Vonderhaar/The Texas Tribune)
By Patrick Svitek
Gov. Greg Abbott said Monday he would veto the section of the state budget that funds the Legislature hours after a Democratic walkout killed his priority elections bill.
"No pay for those who abandon their responsibilities," Abbott said in a tweet. "Stay tuned."
Late Sunday night, enough Democrats left the House to break a quorum and block passage of the elections bill, Senate Bill 7, before a midnight deadline. Calling the bill's failure "deeply disappointing," Abbott quickly made clear he would call a special session to get it passed, though he has not specified a timeline.
Abbott's tweet referred to Article X of the budget, which pays not only lawmakers and staff but also funds legislative agencies, such as the Legislative Budget Board. Under the current budget, the legislative branch is funded through the end of August, and the budget Abbott is referring to covers the fiscal year starting Sept. 1.
Abbott has until June 20 to carry out the veto.
State lawmakers are paid $600 a month, equal to $7,200 per year. They also get a per diem of $221 for every day they are in session, including both regular and special sessions.
Democratic legislators quickly criticized Abbott's veto announcement.
"This would eliminate the branch of government that represents the people and basically create a monarchy," state Rep. Donna Howard of Austin tweeted.
SB 7 was one of Abbott's emergency items, as was another proposal that died Sunday that would have made it harder for people arrested to bond out of jail without cash.
Abbott's tweet came minutes before the House adjourned sine die, finishing its regular session. In remarks from the dais, GOP Speaker Dade Phelan acknowledged lawmakers had unfinished business.
"We will be back — when, I don't know, but we will be back," Phelan told members. "There's a lot of work to be done, but I look forward to doing it with every single one of you."
