Can lawmakers legally leave the state? Here’s what we know about Texas law on quorum-breaking

TEXAS, USA — Texas Democrats have left the state and are headed to Chicago in a bid to prevent the Texas House from passing new congressional maps.

After Democrats broke quorum, Republican Attorney General Ken Paxton said in a social media post that the Democrats “should be found, arrested, and brought back to the Capitol immediately.”

But is the Democrats’ decision to break quorum illegal? No, it’s not. But they could still be detained by state troopers in what’s called a civil arrest.

Yes, it is legal. Democratic lawmakers did not break the law by breaking quorum or when they left the state on Sunday.

However, House rules allow the legislature to issue civil arrest warrants to compel the attendance and retention of its members.

Democratic members of the Texas House of Representatives fled to deep blue Illinois to avoid civil arrest and ensure they cannot be compelled to come back to the Capitol.

In a social media post ahead of the quorum break, Paxton said his office “stands ready to assist local, state, and federal authorities in hunting down and compelling the attendance of anyone who abandons their office and their constituents for cheap political theater.”

However, because breaking quorum is not a criminal offense, federal authorities have no authority to compel lawmakers to come back to Texas. 

Republicans do have a method to punish quorum-breakers. In 2021, Democrats left the state in an unsuccessful bid to prevent the Republican-controlled legislature from revising Texas’s election laws.

In 2023, Republicans responded by implementing a $500 per day fine on any legislator who breaks quorum and stripped Democrats of all committee chairmanships.

After Democrats sued in 2021 to prevent their arrest after breaking quorum, the Texas Supreme Court sided with Republicans and ruled that the House has the authority to physically compel the attendance of absent members.

If the Democrats broke quorum and remained in the state, or fled to a Republican-controlled state with a governor willing to cooperate with Republican lawmakers, the legislators could be placed under civil arrest and brought back to the Capitol.

The Speaker could then lock the doors and force legislators to stay in session.

Even though Illinois will not cooperate with Texas law enforcement, Gov. Abbott still ordered the Texas Department of Public Safety to enforce the civil arrest warrants signed by House Speaker Dustin Burrows.

Yes, the minority party in any state legislature can leave the state and prevent the passage of laws.

In turn, the majority party can issue civil arrest warrants to compel the lawmakers to return.

Each of the legislators who left the state to break quorum will face a fine of $500 per day.

Texas Democrats started fundraising in July to cover the cost of the fines. However, money from national Democratic groups will likely also be used to cover the cost.

Abbott inflamed tensions by suggesting that the Democrats may have accepted bribes in exchange for skipping the vote, calling it a potential felony. 

And in a statement hours after the quorum break, Abbott also claimed the Democrats had forfeited their seats by abandoning their duties—an argument he echoed during an appearance on Fox News. 

However, legal scholars note the governor cannot remove legislators from office himself.

Abbott’s statement referenced a non-binding opinion from the attorney general that suggests a court might have that power. It’s a theory that’s never been tested in Texas.

The special session that the Democrats are fleeing ends August 19. However, Gov. Greg Abbott has the authority to call as many special sessions as needed to get the legislation passed.

If Democrats continue to break quorum, Gov. Abbott has until the candidate filing deadline, December 8, to get the new congressional maps passed.