Topline: Some Democrats may attempt to deny the Texas legislature a quorum to conduct business by physically refusing to be present on the floor of the legislature, and may even leave the state of Texas entirely.

Options for stopping the denial of a quorum:

• Calling Additional Special Sessions: 
  • Article 4, Section 8 of the Texas Constitution affords the Governor the power to convene the Legislature for a special session at any time and for any reason, provided they specify the purpose in a proclamation. The Governor may call as many 30-day special sessions as necessary.

• Arrest & Punishments:
  • Article 3, Section 10 of the Texas Constitution provides the Texas Legislature with the constitutional authority to compel absent members’ attendance in such manner and under such penalties as each House may provide.
    • Absent legislators can be arrested and escorted to the legislative chambers to fulfill their duties. The authority to arrest exists only within the borders of Texas, and federal authorities have no jurisdiction to assist.
  • Should legislators leave the state of Texas, additional powers and statutory authorities exist to hold them accountable and compel attendance. Including:
    • Fines ($500 for each calendar day of absence) 
    • Payment of costs incurred by the sergeant-at-arms
    • Reprimand
    • Censure
    • Stripping of Committee Assignments and Chairmanships
    • Expulsion of members as prescribed by Article III, Section 11 of the Texas Constitution. 

• Declaring Vacancies: 
  • Article 3, Sections 13 and 23 of the Texas Constitution requires the Governor to issue writs of election to fill vacancies.
  • Absence without a valid excuse constitutes abandonment of their duties, effectively rendering them incapacitated.
  • Absence is a deliberate dereliction of duty, justifying the Governor declaring the seat vacant for failure to serve.

PDF Here: Preventing Quorum Break in Texas