x
Breaking News
More () »

Legal professor: No quorum in Texas House unusual, but not unprecedented

A political science professor says Texas Democrats have done this before. The only difference is that it's being done during a special session. What does this mean?

AUSTIN, Texas — It's what many are calling a delay tactic. More than 50 Texas House Democrats left the state to avoid passing legislation to change Texas voting laws.

It's leaving the lingering question: "Is that going to work?"

"Its a waiting game. Previous attempts have failed to actually stop legislation, but what they do is they raise the salience of the legislation, they raised the public profile of the legislation," said Dr. Jeffrey Dixon, an associate professor of political science at Texas A&M University - Central Texas.

A disappointment -- that's how those still at the Texas State Capitol are describing the move by House Democrats.

"I believe that the speaker should take the initiative and remove them from their positions of chairmanships and vice chairmanships because I think there needs to be repercussions and consequences on their decision," said Rep. Hugh Shine (R-Temple).

6 News' Baylee Bates spoke with Shine late Tuesday morning as he was locked inside the chamber as the House of Representatives reconvened for the special session. He said all the present members could do was make phone call, talk among themselves, eat lunch and that's it. 

The Texas legislature is at a standstill because the House cannot take up any business unless a quorum is present. A quorum would be two-thirds of the elected members being present.

According to McLennan County Democratic Party Chair Mary Duty, the group is working in Washington, D.C., just not in the chamber.

"When you looked at all the pieces of the puzzle, the only thing left to keep this bill from passing was to leave," said Duty.

Gov. Greg Abbott said when the more than 50 House members return, they'll be arrested and taken to the Texas Capitol.

RELATED: 'They will be arrested.' Gov. Abbott responds to Texas Democrats' flight to Washington, D.C.

Tuesday morning those present in the House chamber voted 76-4 to have the Sergeant at Arms send for at least 51 members who left for Washington, D.C.

"To arrest the lawmakers and bring them to the Capitol, lock them in and force them to quorum, they can do that but, the fact that these legislators are in Washington poses a really big problem for them right now," Dixon explained.

RELATED: Texas House votes to 'send for' Democrats who flew to Washington, D.C., arresting them if necessary

The Sergeant at Arms in Texas has no jurisdiction outside state lines.

And also it's important to note that "arrest" is a strong word.

The lawmakers wouldn't necessarily see a fine or jail time, they would be detained and taken to the House floor.

"They're not committing a crime but that doesn't mean they can't be arrested," said Dixon. "They can be arrested because their presence is necessary at the legislature and the legislature and the Texas constitution allows for the Sergeant at Arms to detain members of the legislature so that they can engage in legislative business."

The Speaker put the House at ease until Wednesday morning at 10 a.m., but representatives still in Texas are assuming their day on the floor will be similar to the one they had Tuesday.

Dixon believes the group of Democrats in Washington, D.C., will stay there until they either run out of money or if the public turns against them for their decision.

Before You Leave, Check This Out