Texas Republicans' Response to Quorum Break Sparks Democratic Pressure

Texas House Struggles with Quorum Break and Redistricting Debate

Friday afternoon, members of the Texas House registered their attendance at the start of a scheduled session. The sound of a bell ringing filled the chamber as lights on the boards at the front of the room lit up, signaling each member in attendance. House Speaker Dustin Burrows asked, “Have all members registered?” before bringing down the gavel. The roll call showed 95 members present, five members short of a quorum, leaving the House without enough members to conduct official business.

More than 50 Democratic lawmakers left the state late Sunday night, breaking quorum with the goal of stalling Republicans’ mid-decade redistricting proposal. The quorum break comes after Texas Republicans released a plan to redraw voting districts to increase the likelihood of GOP candidates winning more seats in Congress. President Donald Trump called for Texas to draw maps to add five Republican seats. The plan before the Texas House creates five more Republican-leaning districts when compared to the districts currently in place.

State Rep. Aicha Davis, D – Dallas, spoke from Chicago, where several of the Texas Democrats headed after leaving the state. Other members have held news conferences in New York, Massachusetts, and California. She said, “They take away the voice and the vote of Texans, and I don’t agree with that. So I’m very proud to be here in opposition of the map.”

Burrows condemned the Democrats who left for holding the state “hostage,” issuing warrants for their civil arrest to get the special session back on track. He said, “Each one of you knows that eventually you will come back and we will pass the priorities of the special session.” He also warned that the political cost of their absence is rising and will be paid in full.

Texas Democrats have broken quorum before, but the response this time is different. Republican leaders have called on the state supreme court and even the FBI to help get the lawmakers back to Austin. Legal action is also targeting groups donating funds to help lawmakers who are breaking quorum.

On Friday, Texas Attorney General Ken Paxton touted the first court victory against the Democratic quorum break. The Tarrant County District Court placed a temporary restraining order against Beto O’Rourke and his organization Powered by People. The decision, signed by Judge Megan Fahey, prevents Powered by People and O’Rourke from raising more funds for the quorum-breaking efforts and from moving any funds outside of the state.

Paxton said, “The Beto Bribe buyouts that were bankrolling the runaway Democrats have been officially stopped.” Beto O’Rourke responded, “They want to make examples out of those who fight so that others won’t.” He added, “Paxton is trying to shut down Powered by People, one of the largest voter registration organizations in the country, because our volunteers fight for voting rights and free elections… the kind of work that threatens the hold that Paxton, Trump, and Abbott have on power in Texas.”

A source familiar with the quorum breakers aren’t especially worried about the temporary restraining order against O’Rourke and his team. They say money coming in small amounts from individual donors is helping in the interim. Fahey ordered a hearing for 10 a.m. on Tuesday to discuss the issue further.

Responses to Quorum Breaks and Legal Challenges

On Friday, State Rep. Gene Wu, D-Houston, filed his official response to Gov. Greg Abbott’s attempt to have the Texas Supreme Court remove him from office. Wu stated, “The Governor petitions this court to have five justices do what our Constitution grants only two-thirds of the House of Representatives the power to do: expel Representative Wu.”

In addition to Wu’s response, State Rep. Joe Moody, D-El Paso, and State Rep. Mary Gonzalez, D-El Paso, filed a letter with the Supreme Court arguing in Wu’s favor. They wrote, “What would be a constitutional crisis is this Court un-electing nearly every member of the minority party over lawfully resisting the majority.”

On the opposing side, State Rep. Mitch Little, R-Carrollton, and State Rep. Briscoe Cain, R-Deer Park, filed a letter with the court to support Abbott’s argument. Little said, “There’s some questions still about who has the authority and jurisdiction to bring these vacature petitions, and our hope is to contribute to that discussion with the Texas Supreme Court.”

Paxton decided to up the ante by filing a new petition with the Texas Supreme Court on Friday to vacate 13 Democratic seats. He targeted Wu along with several other lawmakers, claiming they abandoned their duties.

Bucy responded quickly, saying, “It’s now more clear than ever that Republicans are scared. They’re scared of the voters. They’re scared of being held accountable. And they’re scared that Texas Democrats are united in our resolve to defeat Trump’s power grab and protect our democracy, our constitution, and our country.”

Camp Safety and Flood Response

Youth camp representatives faced state lawmakers Wednesday to propose and push back on some ideas aimed at making sites safer following the deadly July 4 Hill County flooding. Rep. Cody Vasut, R-Angleton, asked, “Should one of the standards be that you just don’t have overnight accommodations in the flood plain?”

Dr. Timothy Stevenson, the Deputy Commissioner for Consumer Protection with the Texas Department of State Health Services, responded, “That is certainly one way, if there’s no bunk houses in the flood plain, that you’ve mitigated that particular risk in a very firm way.”

Steve Baskin, who owns a camp in Marble Falls and is board chair of the American Camp Association, pushed back, saying, “There are ways to build cabins in flood zones safely.”

Baskin cited the cooling factor of being located near lakes, rivers and creeks during Texas summers. He said decisions on where to build should be decided on a case-by-case basis. “A flash flood’s different than a flood,” he said. “I’ve been there for 30 years and our worst flood ever was fixed with a Shop-Vac.”

For some of the proposals, there could be industry push back. Camp Mystic was able to get the Federal Emergency Management Agency to remove dozens of its buildings from the 100-year flood map, potentially lowering its insurance costs and making expansion easier.

Death Investigation System and Flood Response

Concerns surrounding Texas’ system for investigating deaths re-emerged this week at the State Capitol during a House hearing in response to recent fatal flooding. Rep. Ken King, R-Canadian, laid out House Bill 1, which focuses on the state’s 900-plus justices of the peace.

King said, “With proper planning, we can prevent some of the devastation that we experienced during the July 4 flooding, Hurricane Harvey and last year’s Panhandle wildfires.” The measure aims to establish a framework for DSHS, in collaboration with TDEM, to develop a training program for justices on “managing mass fatality events.”

Angela Williams, a justice of the peace in Williamson County, said making decisions during large-scale disasters can be even more daunting, if officials are unaccustomed to large caseloads. She estimated, in recent months, she and her three counterparts have collectively averaged 25 to 35 deaths each week in their growing area.

Kidd agreed justices across the state could play a part in the proposal but the July flooding proved the value of involving DSHS, the Texas Funeral Commission and medical examiners for expertise justices may not have.

Lottery Winner’s Legal Battle

A Texas woman finally received her winnings from a $83.5 million lottery jackpot ticket after a six months of waiting and a legal battle when state officials refused to pay pending a Texas Rangers investigation.

Kristen Moriarty received approximately $34 million, after taxes, from her Feb. 17 Lotto Texas win, her attorney Randy Howry announced. The payout came just days before a scheduled court hearing that could have forced the state to release the funds.

Howry said, “What should have been a life-changing celebration in her life, winning the Texas lottery, turned out to be a stress-filled, painful ordeal.” He added, “They held her winnings hostage as they sought to dismantle the Texas lottery.”

The Texas legislature has since criminalized courier apps and banned purchases of more than 100 tickets in a single transaction. However, because Moriarty won before the rule changes took effect.

State attorneys initially claimed sovereign immunity in the case, arguing officials could not be compelled to pay. However, on Tuesday night before Friday’s scheduled court hearing, the state capitulated and agreed to process the payout.

Howry said, “We held Governor Abbott, we held Lieutenant Governor Patrick accountable and said, ‘You can’t treat people this way.’”