Absent Democrats: What’s the Texas quorum break costing? Are they being paid? Can they be arrested?

The flight of Texas legislative Democrats to Washington, D.C., is raising questions about the parliamentary quagmire they left behind, what the maneuver will cost taxpayers and what’s ahead for special sessions in the 87th Legislature. Here are answers to some of the key questions.

Are the missing House Democrats being paid for not working?

The salary for Texas lawmakers adds up to almost $7,200 per year, excluding payments they receive for each day they work in-session. Democrats have argued that they are working while in Washington, D.C., albeit not on legislation filed during this special session.

What’s happening with breakaway House members’ per diem payments?

In addition to their salary of $600 per month, legislators also receive a per diem of $221 for the entirety of the legislative session, which typically lasts 140 days and occurs every two years. Legislators also get that per diem during special sessions, like the one that began on July 8. Some lawmakers have said in interviews that they’ve sent letters to decline their per diem payments, but it’s unclear whether those lawmakers are still being paid as they’re holed up in Washington and the special session rolls on. House Speaker Dade Phelan has asked the absent House members to return their per diem payments.

Is there a financial threat hanging over legislative staff members?

In June, Gov. Greg Abbott vetoed Article X of the state budget to retaliate against the House Democratic walkout that effectively killed an elections bill during the session that ended May 31. That article funds the Texas Legislature, including payments to legislators, their staffs and Capitol building employees. Among the items Abbott included in the call for this special legislative session, which began on July 8, was reinstating those appropriations to the budget for the next two years, which will go into effect on Sept. 1. No additional action can be taken on the bill that would reinstate Article X unless a quorum is reinstated. If another legislative session is called after the current one concludes by Aug. 6, another bill reinstating Article X could be passed and go into effect before staff begins to miss paychecks.

Can the lawmakers really be arrested?

Despite all the talk about arresting runaway legislators, the warrants are civil, not criminal, so no legislator would be charged with a crime or go to jail. In effect, it’s like forced attendance rules in school. But details are scarce on exactly what such an arrest would look like or to what lengths law enforcement officers may go to take lawmakers into custody. Texas House rules don’t provide any guidance on this point. The rulebook only says that when the House issues a motion for call of the House, all absent members may “be sent for and arrested, wherever they may be found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms for that purpose, and their attendance shall be secured and retained.” Under House rules, though, members who are present can be locked in the chamber to secure a quorum, and have to get a pass to leave.

How would that work if they’re out of state?

The jurisdictions of both the sergeant-at-arms and Texas Department of Public Safety, which are responsible for retrieving missing lawmakers, is only within the state borders. DPS troopers have in the past made efforts to find members breaking quorum but remaining in the state, and Gov. Greg Abbott has said that if the missing lawmakers return to Texas they will be arrested. Troopers did once attempt to arrest a runaway Democratic senator in the notorious “Killer Bees” quorum break in 1979 — but there was a case of mistaken identity and they arrested the senator’s brother instead.

What can the House do while they’re gone?

Essentially, nothing. The speaker can continue to call remaining members to the floor. But without a quorum — attendance of at least two thirds of the 150 House members — no business can be conducted on the House floor or in its committees.

Can Gov. Greg Abbott prevent lawmakers from ending the special session before Aug. 6?

No, the House and Senate decide when to adjourn.

Can he keep calling special sessions?

Yes, and the governor said he would continue to call special sessions up until November of next year, if necessary, to pass legislation that would ban 24-hour and drive-through voting, extend protections to partisan poll watchers and add restrictions to mail-in balloting. There is no limit to the number of special sessions a governor can call between regular legislative sessions every two years. Besides any special session called by the governor later this summer to pass legislation he prioritizes, another is likely to occur sometime this fall to tackle redistricting. The latest estimates on how much it costs taxpayers is $1.3 million per 30-day special session.

If this one ends with no bills being passed, can lawmakers pick up where they left off in the next?

No. Any bills that aren’t passed by the time the special session ends on Aug. 6 will effectively expire. New legislation would need to be introduced in any subsequent sessions, although it’s likely that authors of the new elections bills would borrow language from this session’s Senate Bill 1 and House Bill 3.

What else is on the agenda of the current special session?

Abbott set an 11-item agenda that includes the elections legislation, restrictions on young athletes who are transgender, regulation of abortion-inducing drugs, changes to the state’s bail system, border security and critical race theory. Only the governor sets the agenda for special sessions, and he can add issues if he chooses.

How much does fleeing to D.C. cost and who is paying for this? Who are the donors?

The flights were paid for by the Democratic caucus using dollars generated by fundraising. Hotel and other expenses are being paid for with a combination of members’ campaign accounts and caucus fundraising. Among those already touting their contributions to Democrats and encouraging others to give are Willie Nelson and Beto O’Rourke. In fact, Republicans and Democrats alike are aggressively using the showdown to raise political funds for the ongoing fierce debate over voting rights and elections in Texas and nationwide.