(The Center Square) – The Texas House Committee on Administration on Friday voted to fine House Democrats who absconded during special legislative sessions last year. After a closed door hearing, the committee voted 6-5 along party lines to fine 53 House Democrats $8,354 each.
The decision came eight months after Texas Democrats left Texas 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 Aug. 3, more than 50 House Democrats left the state, saying the “special session is over,” effectively ending legislative business during a first special session that had been called by Gov. Greg Abbott.
House Speaker Dustin Burrows authorized warrants for absconding Democrats’ arrest and said they would be fined in accordance with House rules, The Center Square reported. Abbott called a second special session, saying he would keep calling special sessions until House Democrats returned. The Texas Constitution requires members to be present during a called special session by a governor.
Abbott also filed a petition with the Texas Supreme Court. 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 Aug. 18, House Democrats returned, a quorum was reached and legislative business continued. This included passing the redistricting bill, which is now law.
In January, Rep. Charlie Geren, R-Fort Worth, who chairs the committee, notified absconding Democrats that they had been fined nearly $9,400. Committee staff had confirmed “the total amount of the costs incurred by the House to compel attendance of absent members in response to those calls,” of nearly $125,000, to be divided among them.
That total came from Texas Department of Public Safety attempts to issue warrants and other efforts made to compel a quorum. They were also fined $500 a day per absence over 14 days totaling $7,000, The Center Square reported. House Democrats had until Feb. 9 to explain why the fines should not be imposed.
Fast forward to April 10 and the committee met to “consider financial penalties (fines and costs) pursuant to Rule 5, Section 3, House Rules of Procedure, for Members that were absent from the House during the First and Second Called Sessions, 89th Legislature,” according to a notice Geren issued. The committee held an executive session “to deliberate, consider, and debate the financial penalties for Members” and heard invited testimony.
Committee members voted along party lines to approve a fine of $6,000 for each Democrat for 12 days of absence. Geren dropped the fine by $1,000 for each member by removing two Sundays from the $500-a-day count because the House was not in session on those days, he said, The Texas Tribune reported.
They were also each charged $2,354 in expenses incurred from the $125,000 amount identified in January. The total comes to just over $8,300 each. House rules prohibit members from using campaign funds to pay the fines.
The Texas House Democratic Caucus said that during the hearing, “Democratic members raised repeated concerns that key records tied to claimed enforcement costs were produced at the eleventh hour, including additional materials disclosed the morning of the hearing. Members were asked to respond in real time to political and financial claims without the full review window that basic fairness requires, and without the due process that the House Rules, Texas Constitution, and United States Constitution demand.
“After hours of testimony and questioning, significant concerns remained about whether all claimed costs were fully substantiated. House Republicans moved forward anyway.”
Texas House Democratic Caucus Chair Rep. Gene Wu, D-Houston, said at the hearing, “State law says any cost of a political process, a political cost of your office, can be reimbursed by campaign. State law trumps the House rules, period, right?,” The Texas Tribune reported. He also encouraged donations to the House Democratic Caucus Campaign to help pay the fines.
In response, state Rep. Mitch Little, R-Lewisville, replied, “Breaking the rules to pay the fines for breaking the rules. Very meta.”
After the vote, Wu said, “The House can enforce its rules, and members can use constitutional tools when our constituents’ representation is under attack. But if leadership is going to impose thousands of dollars in personal penalties, it has to provide timely notice, transparent records, and a meaningful chance to respond. That did not happen today. We made the decision to break quorum to defend fair representation for Texans, and we would make that same decision again.”
Members who don’t pay the fines could have their office budget cut by 30%, according to House rules.
