Hamstrung by Democratic departure, Texas Legislature focuses on narratives
AUSTIN, Texas — Denied a working quorum by Democrats who fled to Washington two days earlier, members of the Texas House took the only action Wednesday that was permitted under their rules — they prayed.
And like many official actions taken at the Texas Capitol, even that prayer was part of the political messaging — and competing Republican and Democratic narratives — as an unconventional special session entered its sixth day but felt like it had been going on far longer.
"Lord, we have been called to this special session right here, right now, because there is more work to be done to protect our citizens," Rep. Ben Leman, a Republican, said from the front microphone to lead the House in prayer.
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"We ask you to bless us with the wisdom to see the benefit of the agenda, and should your will agree, the courage to take it up. In Jesus' name we pray," he said.
House Speaker Republican Dade Phelan then reminded representatives that no other work could be done without at least 100 of the 150 members present — and that under a motion approved a day earlier by the remaining Republicans, nobody could leave the chamber without his written permission.
"Today's permission slips are yellow," Phelan said.
A motion to call absent representatives back to the House or face arrest, approved Tuesday, also remained in effect, and Phelan pressed wayward Democrats to return their $221 per diem "immediately upon receipt" as unearned money at taxpayer expense.
Wednesday was a day of political messaging at the Capitol, with the state Senate continuing to show that it was open for business by approving bills — even if the legislation was destined to languish, unable to be accepted by the House until a quorum is established.
The day began with a news conference by Republican senators who criticized House Democrats for bringing action in the 30-day special session to an abrupt halt by fleeing the state.
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"The work we are doing, we're doing in case they do come back," said Sen. Larry Taylor, head of the Senate Republican Caucus. "But as of now, they cannot accept those bills, so the work we're doing for the people of Texas is being wasted and squandered."
Nine Democratic state senators traveled to Washington to reinforce the message by their House counterparts, who broke quorum to prevent passage of legislation that they said would impose unnecessary burdens on the right to vote. Four Democrats remained behind, enough to provide a working quorum for the Senate.
Speaking to reporters in Washington, state Sen. Carol Alvarado, head of the Senate Democratic Caucus, said the road trip was intended to defend constitutional rights under attack in the GOP voting bills.
"We are proud and honored, the nine Democratic senators who are here, to join our colleagues in the House to stand with you 100% in solidarity," Alvarado said. "In other words, we've got your back."
While Republicans accused Democrats of running out on the job they were elected to do, Sen. Jose Menéndez, a Democrat, said he traveled to Washington to defend the rights of Texans, and that is very much part of his political job.
"We're not here on vacation," Menéndez said. "I'd much rather be home with my family, but we are here to do the job to represent" constituents in Texas.
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Back in Austin, the Senate began voting on legislation Tuesday, and it was no accident that the first vote was on Senate Bill 7, a highly popular measure that would give an extra month's payment of up to $2,400 for those in the Teacher Retirement System of Texas.
The Senate also approved, on a party-line vote of 18-4, Senate Bill 1, one of the GOP voting and election measures that fueled the Democratic walkout. Like House Bill 3, the legislation would ban 24-hour and late-night voting, prohibit drive-thru voting, add an identification requirement to mail-in ballots, protect partisan poll watchers' ability to move freely in polling places, and create new or stiffer penalties for voter fraud.
On Wednesday, senators voted unanimously to approve several measures designed to lower property tax bills. They split on Senate Bill 5, a response to Republican complaints that social media companies are censoring conservatives, with a 17-5 vote that saw Republican Sen. Kel Seliger cross party lines to vote "no" with the four Democrats who remained in Texas — John Whitmire, Judith Zaffirini, Eddie Lucio Jr., and Juan "Chuy" Hinojosa.
Lt. Gov. Dan Patrick noted that SB 5 cannot become law unless House Democrats return to Texas.
"If they do not, this bill will die, but the Senate will pass Senate Bill 5 over and over until the House finally has a quorum," Patrick said.
Senate Bill 2, which would ban transgender students from participating in middle school, high school and college sports designated for girls or women, also was approved Wednesday.
"Depending on how this session goes, we may have this discussion again," said Whitmire, who voted against SB 2 after speaking forcefully against it.
When the day was done, Patrick said the Senate had passed all but two bills associated with Gov. Greg Abbott's 11-item special session agenda, minus the governor's financial issues — with one of the remaining bills coming up Friday and the other next week.
"The Senate will have done its work in 3 1/2 days, and I want to thank the 22 members for being here," Patrick said.
Follow Chuck Lindell on Twitter: @chucklindell.