The Texas House passed a bill late Monday that would punish future quorum breaks. The measure is in response to the Democratic quorum break that unsuccessfully sought to prevent Republican-sponsored congressional redistricting legislation and prompted a premature end to the first legislative special session.
"In the past, legislators have used quorum breaks to raise political funds, creating concerns that members were benefitting financially while preventing the Texas Legislature from conducting its work," said state Rep. Matt Shaheen (R-Plano), the author of House Bill 18. "Current law does not limit fundraising or expenditures during these unexcused absences, only during the moratorium period during years when we're in session. This current arrangement creates a financial incentive to break quorum.”
HB 18 would ban lawmakers from raising funds while participating in a quorum break. It would fine members up to $5,000 for each donation accepted and would fine donors the same amount for each contribution. Lawmakers who are not themselves breaking quorum would still be allowed to raise funds during a quorum break.
Democrats argued the bill would selectively restrict the freedom of speech of both members and constituents. State Rep. John Bucy (D-Austin) noted that, when Shaheen laid the bill out in committee, he had acknowledged that as far as courts were concerned, monetary contributions are a form of political speech.
"This bill is establishing two classes of the Texas Legislature in violation of the court's ruling, that you agree with, that money is political speech," Bucy told Shaheen, which Shaheen said was inaccurate.
Bucy also made the argument that the bill was more about intimidating political opposition and stopping dissent than merely about imposing a penalty on quorum breakers. Shaheen repeatedly responded that the measure was exclusively designed to punish behavior that encouraged lawmakers to bring the business of the Legislature to a halt.
"The [Texas] Constitution says we have the right to compel individuals to come back and meet quorum," Shaheen said. "This bill is very much in line with Article 3 of the [Texas] Constitution."
State Rep. Richard Hayes (R-Hickory Creek) built on Shaheen's arguments in his closing remarks in favor of the bill. Hayes pointed to three provisions of the state constitution. He said that lawmakers' oath of office imposed a duty on them to be present during regular and special sessions, and the constitution gave the Legislature the right to compel their attendance.
"Fleeing the state with the objective of denying a quorum is the perfect example of absence without leave," Hayes said. "Under the minority party's view, a minority group in one chamber could command the powers of fellow members and of the sister chamber and neutralize every function of state government, preventing even the passage of the one thing we are required to do under the [Texas] Constitution – that is, to pass the biennial budget."
Lawmakers' and constituents' free speech rights under the U.S. Constitution were very much at the heart of state Rep. Donna Howard’s (D-Austin) closing remarks against the bill.
"I have always said that our vote is our voice, and our voice is our power, and I believe that statement to my very core," Howard said. "Protecting the voice of my constituents is what guided my decision to break quorum, and it is why I know I did the right thing by doing so."
Howard also argued that Republicans might someday come to regret passing this law, if Democrats ever return to the majority in the Legislature.
"Those of you who are angered and frustrated that legislative plans were delayed by a couple of weeks have been blinded by the fact that HB 18... undermines the constitution, and in doing so, will intimidate future legislators, and one day that minority will certainly be Republicans," Howard said.
The bill has advanced to the Senate, where it will have a committee hearing Wednesday evening.
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