Texas Attorney General Ken Paxton vowed on Tuesday, August 5, that if the “runaway Democratic lawmakers” did not return to the Texas House by Friday, August 8, he would file a lawsuit seeking a court declaration that they had vacated their positions as state representatives.
Texas Democratic state lawmakers collectively left the state before a meeting on Monday, August 4, in protest of a redistricting bill to disrupt the legislative session.
In a statement, Paxton said, “Starting from Friday, any rogue lawmakers who refuse to return to the Texas House will be deemed to have abandoned their duties and bear corresponding responsibilities. The people of Texas elected legislators, not news-chasing fugitives evading their responsibilities. If you don’t show up for work, you will be fired.”
Paxton stated that the Texas Supreme Court ruled against allowing the minority in the legislature to “improperly interfere” with the majority’s exercise of parliamentary rights. He said, “Democratic lawmakers leaving the state to deliberately disrupt the legislative process in Texas is equivalent to abandoning their duties.”
The Texas Supreme Court ruled in 2021 that House leaders have the authority to “compel the attendance of absent members.”
House Speaker Dustin Burrows announced on Tuesday that state police are searching for Democratic lawmakers who were absent the day before and declared that the House would reconvene on Friday to vote on the congressional redistricting bill.
Burrows mentioned that law enforcement is executing civil arrest warrants to compel the absent Democratic lawmakers to return to the session until they come back. These arrest warrants authorize state police to arrest Democratic lawmakers who are still within Texas but absent and bring them back to the state capitol building without detainment.
Tuesday’s roll call showed that a total of 94 lawmakers were present, including some Democrats, but still did not meet the required number of at least 100 legislators for proceedings. The Republican party holds 88 seats in the Texas House.
Over 50 Texas Democratic state lawmakers traveled to Illinois, New York, Massachusetts, and other places on August 3 to hold a press conference with local Democratic leaders. These leaders indicated that redistricting within the state could be used in response to the Texas Republican congressional redistricting proposal.
Texas Governor Greg Abbott issued warnings that Democratic lawmakers absent from the meeting may face fines, criminal charges, or even dismissal. Under a rule passed by the House in 2023, the House Speaker can levy a $500 fine per day on absent lawmakers who fled the legislature. Campaign or public funds cannot be used to pay these fines.
Abbott has directed the Texas Rangers to investigate whether the absent Democratic lawmakers violated Texas laws, including potentially receiving funds to disrupt the quorum, which could constitute bribery. He mentioned that if any illegal activities are found, the investigation results will be referred to prosecutors for action.
Abbott also criticized the lawmakers for evading legislative duties, which he deemed a violation of Texas laws, and emphasized his authority to remove and replace them.