Enough Texas Democrats return to Austin to grant quorum in House chamber
Democratic walkouts, denying the House a quorum and bringing the Legislature to a standstill.
With just 17 days left in the second special session of the summer, House Speaker Dade Phelan, R-Beaumont, began the process of assigning bills to committees, which in turn set hearings for as soon as the weekend, the beginning of the legislative process.
There were 99 members present Thursday, including two Democrats who had been among the 57 lawmakers to leave Texas for Washington in July at the start of the first special session: Reps. Armando Walle and Ana Hernandez of Houston.
Democratic Rep. Garnet Coleman is returning to Austin but still opposes election bill
Democrats had denied Republicans a quorum since July 12, when they boarded two private jets headed for Washington. Members spent weeks lobbying national leaders for passage of federal voting rights legislation and speaking against the Republican voting bill moving through the Texas Legislature.
A hush fell over the chamber as Coleman, Walle and Hernandez arrived on Thursday, with Walle pushing Coleman in a wheelchair. In a joint statement, the lawmakers said they believe their efforts in Washington were successful and they are returning to Texas to “continue the fight on the House Floor.”
More:Secret meetings and phone trees: The story behind Texas Democrats’ exodus from Austin
What’s in the GOP voting bill?
The voting bill that prompted Democrats’ walkout would make various changes to voting in Texas, including prohibiting drive-thru voting and overnight voting, among other provisions. Republicans argue that the bill will improve election integrity, but Democrats say that it would disenfranchise voters.
Rep. Jim Murphy, chairman of the House Republican Caucus, said Monday that there is opportunity for negotiation once Democrats return to the floor.
“On every matter — and I would ask that their own experience be their guide — they’ve seen this House compromise with what’s in a bill, what bill moves forward,” said Murphy of Houston. “That’s absolutely a possibility once they’re here, but they need to get here to make that happen.”
Gov. Greg Abbott called a special legislative session for early July after Democrats walked off the House floor at the end of the regular session to kill the elections bill. Abbott also vetoed funding for the legislative branch in the state budget for the next two years, tweeting at the time: “No pay for those who abandon their responsibilities.”
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The agenda for the first special session included the elections bill, restoring funding for the legislative branch and other conservative priorities, including legislation to restrict participation by transgender student athletes, limit how race can be taught in schools and further regulate abortion-inducing drugs.
Texas Democrats walk out, flee state
But 57 of the 67 Democrats in the House decided to leave the state to kill the voting bill, staying away for the entirety of the special legislative session. Abbott has pledged to continue to order 30-day special legislative sessions until they return, and he made good on his threat once the first session concluded without any legislation passed.
New Texas special session opens with no House quorum, but Senate sprints into action
Could Texas Democrats have been arrested?
But in the House, Republican lawmakers had few options without their colleagues.
In both the first and second special sessions, those present on the floor voted to issue a procedural “call of the House,” authorizing state law enforcement to track down absent members and bring them back to the chamber, using arrest warrants if necessary.
During the first special session, Democrats were able to avoid law enforcement officers by crossing state lines and leaving their jurisdiction. But once the second special session started, a contingent of members opted to stay in Washington while others returned to Texas, if not to the House floor.
More:Texas House Speaker Dade Phelan signs civil arrest warrants to return absent Democrats to chamber
With a quorum established in the chamber, Murphy said there is no longer a “call of the House” and the 52 civil arrest warrants signed by Phelan for the absent Democrats are moot.
If the House is without a quorum in the future, they would have to start the process from the beginning.
“Oh, I expect that’s exactly what will occur — but in a much quicker fashion,” Murphy said Thursday.
With 150 total members, 100 lawmakers must be present in the House to establish a quorum. But on Thursday, Leo Pacheco of San Antonio resigned from his seat. With his absence, and the departure of Jake Ellzey of Waxahachie for Congress earlier this year, the new magic number for a quorum in the chamber is 99.
Before Thursday, the latest tally of the chamber showed 96 lawmakers present on the floor, including several Democrats who participated in the initial quorum bust.
On Thursday, several of the lawmakers marked as being present for the roll call vote were not on the floor at the time of the vote but had previously been in the chamber.
More:Staring down 2nd special session, absent Texas Democrats coy on plans