Texas Capitol Report: An update on Special Session

On Sunday, August 3, most of the 62 Democratic members of the 150-member Texas House of Representatives left the state, blocking a scheduled Monday vote on proposed congressional redistricting maps. Their absence left the Republican-controlled chamber without the constitutionally required quorum of 100 members needed to conduct official business, effectively suspending the special legislative session.

The Democratic members relocated to Chicago, New York and Boston. Governor Abbott issued civil arrest warrants to compel their return by the August 4th reconvening deadline, though the Texas Department of Public Safety lacks jurisdiction to enforce these warrants across state lines. On August 5th, Abbott filed an emergency petition with the Texas Supreme Court seeking to vacate Democratic House Leader Gene Wu's legislative seat, alleging abandonment of duties, and questioning financial benefits received during their absence.

Additionally, Governor Abbott has stated that he will call another special session if the Texas Legislature fails to complete their work before the end of the current special session, which is scheduled to end on August 19th.

Texas House Democratic Caucus Chairman Gene Wu defended the walkout strategy from Chicago, stating "It was necessary to send a message that the people of Texas are not going down without a fight." Despite facing Abbott's lawsuit, daily $500 penalties, and online harassment, Wu remained defiant: "You want to remove me from my seat? That will immediately provoke a special election, and I will immediately be re-elected." The seventh-term Houston legislator positioned the action as a stand against what he considers an attack on democratic representation.

Governor Abbott condemned the Democrats' departure, declaring "Real Texans do not run from a fight" and characterizing their absence as premeditated abandonment of duty. Abbott argued the legislators "hatched a deliberate plan not to show up for work, for the specific purpose of abdicating the duties of their office." He warned that failure to return would trigger removal proceedings under Texas Attorney General Opinion No. KP-0382 and threatened criminal charges for Democrats soliciting funds to cover legislative fines, promising to use "full extradition authority to demand the return to Texas of any potential out-of-state felons."