Post by Owen Barcala / Redsky

It's more of a "Governor orders" the arrests thing—it was by a vote of the House, with warrants signed by the Speaker. Governor doesn't order it, AFAICT.

aug 4, 2025, 8:53 pm • 56 3

Replies

Also, the vote of the House didn't have a quorum, so yeah ...

aug 4, 2025, 9:39 pm • 24 0 • view

Texas law allows a legislative house to have members arrested to meet a quorum. So the lack of a quorum doesn’t prevent that.

aug 4, 2025, 9:47 pm • 21 2 • view

Is it clear that the statute authorizing such civil arrest warrants is Constitutional under the Texas Constitution? What body is designated to enforce the warrants. Sincere questions. Looking for the statute.

aug 4, 2025, 11:13 pm • 15 0 • view

The Texas & US Constitutions use the exact same language allowing each House to “compel the attendance of absent members, in such manner and under such penalties as each House may provide.”

THE TEXAS CONSTITUTION ARTICLE 3. LEGISLATIVE DEPARTMENT Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide. (Feb. 15, 1876.)

Article I, Section 5, Clause 1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

aug 4, 2025, 11:28 pm • 10 1 • view

Thank you. I appreciate the detailed response. I assume the manner provided for in Texas is set forth in the House rules and any penalizing statutes.

aug 4, 2025, 11:34 pm • 5 0 • view

Here’s the Texas House rule allowing arrest of absent members when there’s no quorum

Sec. 8. Securing a Quorum. When a call of the house is moved for one of the above purposes and seconded by 15 members (of whom the speaker may be one) and ordered by a majority vote, the main entrance to the hall and all other doors leading out of the hall shall be locked and no member permitted to leave the house without the written permission of the speaker. The names of members present shall be recorded. All absentees for whom no sufficient excuse is made may, by order of a majority of those present, 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. The house shall determine on what conditions they shall be discharged. Members who voluntarily appear shall, unless the house otherwise directs, be immediately admitted to the hall of the house and shall report their names to the clerk to be entered in the journal as present. Until a quorum appears, should the roll call fail to show one present, no business shall be transacted, except to compel the attendance of absent members or to adjourn. It shall not be in order to recess under a call of the house. CROSS-REFERENCES Tex. Const. Art. III, § 10-Compelling attendance of absent members. Rule 7, § 11-Compelling the attendance of absent members.

House Rules Manual House Rules of Procedure Government Code 89th Legislature REP HANS HOUS

The names of members present shall be recorded. All absentees for whom no sufficient excuse is made may, by order of a majority of those present, 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. The house shall determine on what conditions they shall be discharged. Members who voluntarily appear

aug 4, 2025, 11:53 pm • 5 2 • view

Very kind. Honestly, I was being lazy as I’m only using my phone. The excuse clause looks like an interesting escape clause if it leads to court action. I certainly understand the reason for the provisions and remember a similar showdown in Oregon recently with the roles reversed.

aug 4, 2025, 11:58 pm • 3 0 • view

Texas & Oregon are two of the only 4 states that have a 2/3 quorum requirement. Most have a simple majority. That’s allows minority parties to shut things down. https://www.multistate.us/insider/2024/1/11/oregons-quorum-quagmire-only-four-states-have-two-thirds-quorum-requirements

Oregon's Quorum Quagmire (Only Four States Have Two-Thirds Quorum Requirements) January 11, 2024 | Bill Kramer

aug 5, 2025, 12:53 am • 2 0 • view

This whole mess could have been avoided if SCOTUS hadn’t rubber stamped political gerrymandering. I won’t begrudge a minority party leveraging what little power they have to preserve a semblance of Democracy.

aug 5, 2025, 12:57 am • 4 0 • view

Exactly. The Supreme Court’s blessing of express partisan gerrymandering is high on the list of ways it is destroying our democracy. The SCt caused the First Civil War with one decision; it’ll cause the Second Civil War thru several decisions.

aug 5, 2025, 1:03 am • 5 1 • view

Theatre for dunces.

aug 5, 2025, 5:15 am • 0 0 • view