After Texas House Democrats left the state Monday for Washington D.C. to deny Republicans the quorum needed to pass their controversial “election integrity” bill, Gov. Greg Abbott said in an interview with Austin TV station KVUE, if they don’t show up to vote in Austin, he will have them arrested.
I can and I will continue to call a special session after special session after special session all the way up until (the) election next year. And so if these people want to be hanging out wherever they're hanging out on this taxpayer-paid junket, they're going to have to be prepared to do it for well over a year. As soon as they come back in the state of Texas, they will be arrested, they will be cabined inside the Texas Capitol until they get their job done.
It's not quite as simple as that, however.
As governor, Abbott cannot issue the warrant. That duty is reserved for the Speaker of the House, according to the Texas House of Rules.
When a call of the house is moved to secure and maintain a quorum for the consideration of a specific bill, and is seconded by 15 members and ordered by a majority vote, “all absentees for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms,” according to House Rule five on floor procedure.
The House voted to do just that on Tuesday.
Another caveat — absent members can only be arrested in the state of Texas.
The rule also states that members can be locked in the hall to secure a quorum.
“The main entrance to the hall and all other doors leading out of the hall shall be locked and no member permitted to leave the house without the written permission of the speaker,” according to Texas House Rule five, section eight.
From there, the House decides on what conditions members would be allowed to leave.
And as long as House members are absent and until a quorum appears, there’s no telling how long this process will drag on before a decision is made.
“No business shall be transacted, except to compel the attendance of absent members or to adjourn,” according to the rule. “It shall not be in order to recess under a call of the house.”
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