(The Center Square) – Texas House Democrats who absconded last year, halting state legislative business, have been fined nearly $10,000 each. They say they will fight the fines, which are stipulated in Texas House rules they voted for last year.
This week, several dozen House Democrats received a letter from state Rep. Charlie Geren, R-Fort Worth, detailing fines they owed for breaking quorum last year during two special legislative sessions. Geren chairs the Committee on House Administration, which enforces House Rules of Procedure.
In a letter to state Rep. Gene Wu, D-Houston, who chairs the Texas House Democratic Caucus, Geren says the fines and costs were incurred for Wu’s “failure to appear in response to the calls of the House ordered for the First and Second Called sessions of the 89th Legislature.” Committee staff have confirmed “the total amount of the costs incurred by the House to compel attendance of absent members in response to those calls,” of $124,940.08. Costs were associated with law enforcement searching for members to issue warrants and other efforts made to compel a quorum as directed by House Speaker Dustin Burrows.
Each representative who absconded was fined $500 a day as well as a pro rata share of the nearly $125,000 in costs the state incurred to compel a quorum, according to the committee.
Wu absconded for 14 days, holding press conferences in Chicago with Illinois Gov. Bill Pritzker. He was fined $7,000 and charged another $2,354.25 in costs, according to the letter.
Last July, Gov. Greg Abbott called the state legislature to a special session to address several issues. After the July 4 flash flood disaster, the agenda was later amended to include disaster response and 18 legislative items, The Center Square reported. By July 25, several Texas Democrats left the state to meet with the Democratic governors of Illinois and California to look for ways to oppose a Congressional redistricting effort underway in Texas, The Center Square reported. By August 3, more than 50 House Democrats left the state, saying the “special session is over,” effectively ending legislative business.
In response, Abbott ordered them to return to Austin and directed Texas Department of Public Safety officers to arrest Democrats who absconded, The Center Square reported.
Burrows authorized warrants for their arrest and said members would be fined, citing the House Rules of Procedure, Rule 5, Section 3, the very rules absconding Democrats voted for, The Center Square reported. He also gaveled in the House several times, reaching no quorum. The Texas Senate continued to convene and pass bills despite the House remaining paralyzed.
By the first week in August, Burrows said AWOL Democrats were being pursed by DPS to be arrested and Attorney General Ken Paxton filed a petition with the Texas Supreme Court to vacate their seats.
By the second week in August, Abbott called a second special session, saying he would keep calling special sessions until House Democrats returned to engage in legislative business. The Texas Constitution requires members to be present during a called special session by a governor.
U.S. Sen. John Cornyn also requested the FBI to investigate the political action committees that were funding the Democrats’ hiatus, including a PAC run by former U.S. Rep. Robert (Beto) O’Rourke. Cornyn also asked the FBI to assist state law enforcement with locating absconding Democrats in other states, The Center Square reported.
Abbott also filed a petition with the Texas Supreme Court to remove Wu from office, The Center Square reported. The Texas House and an Illinois state senator also sued 33 Texas House Democrats in Illinois; the Texas House sued six Texas House Democrats in California, The Center Square reported. Judges in those states rejected the lawsuits.
By August 18, House Democrats returned and a quorum was reached. Disaster relief passed, as did the redistricting bill, which Abbott signed into law. Efforts to stop redistricting from going into effect failed. The U.S. Supreme Court ruled on the matter last month chastising judges in an El Paso court, The Center Square reported. The new redistricting map is in effect for the March primary and general election in November.
Geren’s letter states that House Democrats have until Feb. 9 to submit in writing why the fines should not be imposed. House rules also prohibit campaign funds from being used to pay the fines.
In response, the caucus issued a statement, saying, “Faced with Republican inaction on flooding and voting rights, we took action, and every day we were gone, we did exactly what our constituents wanted us to do: fight for them. Breaking quorum is a constitutional right, and we will use every tool available to challenge these fines.”
