Judge blocks Texas governor, House speaker from arresting absent Democratic lawmakers

(The Center Square) – State District Judge Brad Urrutia, a Democrat, issued an injunction blocking House Speaker Dade Phelan, a Republican, from arresting and detaining House Democrats who fled the state. The House rules of the state legislature authorize the speaker to call for the arrest of truant lawmakers.

More than 60 Democrats flew to Washington D.C. during the first special legislative session called in July to block votes on election reform and other measures Gov. Greg Abbott is seeking. They have refused to return to Austin for a second special session, which began Saturday, breaking quorum and bringing the legislature to a standstill.

The judge’s order prevents Abbott, Phelan and the Texas Department of Public Safety from “detaining, confining, or otherwise restricting a Texas House Democrat’s movement without his or her consent.” It also prevents them from “issuing warrants or other instruments demanding the detention, confinement or other restriction of a Texas House Democrat’s movement.”

Urrutia says Texas law doesn’t “provide for the physical confinement of lawmakers who have committed no crime.”

The order expires in 14 days unless otherwise extended.

The House Democrats who have not returned to Austin approved the House rules they are choosing not to follow.

HR 4, to adopt the permanent rules of the House, was approved Jan. 14 by 141 members with no member voting against it.

There are 45 references to the call of the House in the rules. They include rules governing bringing in absent members (Rule 2, Sec. 4), achieving quorum after a call of the house (Rule 5, Sec. 9), enforcement of the call of the house by the doorkeeper (Rule 2, Sec. 5), among others.

In the Texas House Rules Manual (Rules of Procedure, Housekeeping Resolution, Government Code) for the 87th Legislature, all rules and procedures governing the legislative body’s operations are detailed. For example, Rule 1 outlines the duties and rights of the Speaker of the House, who “shall enforce, apply and interpret the rules of the house in the deliberations of the house and shall enforce the legislative rules prescribed by the statute and the Constitution of Texas.”

Rule 2, Section 4 outlines the responsibility of the sergeant-of-arms. Under the direction of the speaker, the sergeant-at-arms shall “have charge of and maintain order in the hall of the house …” and, “Bring in absent members when so directed under a call of the house.”

Rule 2, Section 5 outlines the responsibility of the doorkeeper. One of those duties is to “close the main entrance and permit no member to leave the house without written permission from the speaker when a call of the house or a call of the committee of the whole is ordered, take up permission cards as members leave the hall, and take up permission cards of those who are admitted to the floor of the house under the rules and practice of the house.”

The Texas House has now voted twice to call the house and have the Democrats arrested. On July 13 and again on Aug. 9, the house voted to call the house. The first motion passed by a vote of 76-4 and the second by a vote of 80-8.

To date, the speaker has only called for an arrest of one lawmaker.

Rep. Bryan Slaton on Monday attempted to ask Phelan questions and parliamentary inquiries about how many arrest warrants will actually be issued and how the house could compel missing colleagues to return. In response, he said, “I was denied that opportunity. The Democrats aren’t even here, but they continue to control what happens in this chamber.”

Other Republicans also waited in the back area of the chamber to ask Phelan questions and were also denied the opportunity, including Reps. Kyle Biedermann, Jeff Cason, and Tony Tinderholt.

The offices of the governor and speaker have not yet issued a statement on the judge’s ruling or on how they plan to conduct legislative business after presiding over the first failed special legislative session.

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