THIS WEEK IN AUSTIN Still no quorum in Texas house as the possible vacating of 13 seats explored

By Rita Cook
Correspondent
Texas Metro News

Abbott, Paxton and Wu images taken from their official government website pages

AUSTIN – There has been so much redistricting commotion this past week, even as I write this column Saturday night, I am sure things will have changed by next week.

We know as of the weekend there was still no quorum established for the redistricting vote in Austin.

And Austin Republicans are ready to get the vote rolling.

That will not be possible, though, since blue state representatives are in New York, California, and Illinois protesting what comes down to gerrymandering the district lines.

However, some observers are scratching their heads “why Illinois” as that state is one of the most gerrymandered states in the U.S. favoring blue congressional seats.

While that is going on, the Texas Senate’s redistricting committee approved its updated version of the GOP-friendly house map in a 6-1 vote. The map they approved is the same as the congressional redistricting map waiting for a house vote when a quorum is established.

The map, if passed give Republicans five more possible red seats in the Austin, Houston, Dallas-Fort Worth and Rio Grande Valley areas. 

Currently in special session, which began in July and is set to end August 19, Texas Attorney General Ken Paxton filed a lawsuit in the Supreme Court of Texas last week regarding the missing Democrats.

The lawsuit was to pursue judicial declarations that 13 Texas House seats were vacated due to “continued unlawful absences by Democrat legislators who failed to meet the return deadline set by Speaker Dustin Burrows,” Paxton said in a press release Friday.

Paxton indicated the 13 were chosen because they had made “incriminating public statements regarding their refusal to return, essentially confirming in their own words the very grounds for this legal action.”

In addition to Texas Democratic House Caucus chair Gene Wu named as one of the 13, the petition included Dallas’  Jessica Gonzalez and Mihaela Plesa, Richardson’s Ana-Maria Rodriguez-Ramos, Grand Prairie’s Chris Turner, Austin’s John Bucy, Lulu Flores, Vikki Goodwin, Gina Hinojosa and James Talarico, Sugarland’s Suleman Lalni, Houston’s Christina Morales, and Ron Reynolds of Missouri City.

Many have said Paxton is not following Texas law by this filing. However, the state’s constitution does give the AG explicit authority to represent the State in quo warranto actions and to appear before the Texas Supreme Court in matters where the State has a direct interest. 

Texas Gov. Greg Abbott also filed a petition specifically to have Wu removed from his seat as Texas House Democratic Caucus leader.

Wu’s lawyers wrote Friday afternoon that he is carrying out “his legislative duties as his judgment dictates.”

The lawyers requested the case be dismissed since Wu has not died or been expelled by the House by a two-thirds vote or a voluntarily resignation.

The petition issued states “The Texas Constitution, statutes, and rules provide a broad range of tools for members of a legislative minority to be heard. But those tools do not include concerted effort by members of the minority to disrupt the functioning of the Legislature by abdicating their duties, including spurning the constitutional authority of the remaining members to compel their attendance. When members of the Legislature disregard arrest warrants, refuse to perform their duties, and announce that they intend to prevent the Legislature from exercising its constitutional responsibilities, they have, through words and conduct, demonstrated an intent to relinquish and abandon their offices.”

Paxton and Burrows also filed a petition to enforce arrest warrants in the states where the Democratic members were staying.

And to further the trip out of state, Paxton began an investigation into both Texas Majority PAC and Beto O’Rourke’s Powered People for possibly operating an “illegal financial influence scheme” to bribe Democrats to breaking quorum. 

A Texas district court did grant a temporary restraining order, halting any unlawful expenditures and fundraising while the litigation continues.

As for when the blue might return to Texas, arrested or not, they left August 4 to break quorum.

Speaker Burrows said late last week the house member’s checks would not be deposited electronically into their accounts for payment, thereby forcing members to pick up their checks in Austin.

Texas law allots the missing representatives pay a $500 daily fine for the absence. This is money which cannot come from campaign funds.

Rita Cook is a world traveler and writer/editor who specializes in writing on travel, auto, crime and politics. A correspondent for Texas Metro News, she has published 11 books and has also produced low-budget films.