In an August 8 request to the state’s highest court, Texas Attorney General Ken Paxton claimed that 13 Democrats had deserted their seats in the Texas House of Representatives by fleeing the state while attempts were underway to draw new congressional districts.
On August 3, lawmakers from the Austin region, including state representatives John Bucy and Vikki Goodwin, as well as state representative Gina Hinojosa, who represents UT and West Campus, fled the state to violate quorum in the Texas House. The number of members that must be present for the House to undertake business is known as the quorum.
Republican attempts to redistrict U.S. congressional districts outside of the regular ten-year redistricting process were to be thwarted by the Democratic members. UT students and elected officials who spoke at public hearings last month were among those who opposed the proposed maps, arguing that they would give Republican candidates an unfair edge and weaken the voting strength of minority voters.
The Texas Constitution states that if a member of the legislature resigns, passes away, or becomes ineligible, the seat becomes vacant. In a filing, Paxton claimed that members’ public declarations that they would not return to the legislative session were proof that they had abandoned their positions.
According to a news release from Paxton, the state’s renegade Democratic lawmakers have resigned from their positions. These cowards broke their pledge to preserve the constitution and purposefully undermined it. They must put an end to their out-of-state insurrection.
Just 95 of the 150 members of the House were in attendance on Friday, five fewer than the 100 needed to form a quorum. Without this, the House is unable to consider the extraordinary session agenda that Governor Greg Abbott set, which includes legislation pertaining to Tetrahydrocannabinol (THC) products and flood relief in Central Texas.
Abbott also filed a separate lawsuit last Tuesday to remove state Representative Gene Wu, the chair of the Texas House Democratic Caucus, and chastised the members for their departure from the state.
Hinojosa denied the allegation that she had left her office during a press conference. Throughout the walkout, she claimed, her team kept receiving and answering calls from people.
According to Hinojosa, I am carrying out the wishes of my citizens. Our governor and attorney general’s attempts to remove a legitimately elected representative of the people from office are dishonorable.
According to the Texas Constitution, the governor may call special elections to fill the lawmakers’ seats if the Supreme Court of Texas rules in favor of Paxton. The House could resume the legislative session with the 95 members now in Texas since the vacancies would also reduce the number of members required for a quorum from 100 to 92.
The Texas Supreme Court, which is entirely composed of Republicans and of which Abbott chose six members, including Chief Justice Jimmy Blacklock, is currently considering the case. But according to Blacklock’s earlier legal judgment, the Texas Constitution permits lawmakers to violate quorum.
As of this writing, there is no deadline for the court to hear the case or make a decision. Although the Texas Supreme Court does not have a set timeframe, it has accelerated decisions in cases involving state governments that are similar. The court spent eight days to decide whether the House could require members to attend sessions after Texas Democrats violated quorum in 2021. It concluded that the House may impose fines on members who failed to show up.
