Texas House Passes Controversial Bill to Punish Lawmakers Who Break Quorum
Measure restricts fundraising during walkouts, sparks constitutional debate over minority rights
The Texas House passed a controversial bill Monday night that would impose strict financial penalties on lawmakers who participate in future quorum breaks, marking the Republican majority's direct response to Democratic legislators who fled the state last month to block congressional redistricting legislation. House Bill 18, authored by state Representative Matt Shaheen (R-Plano), passed along party lines by a vote of 86-46 following nearly four hours of intense debate, and now advances to the Texas Senate for consideration.
The legislation would ban lawmakers from raising political funds while participating in a quorum break and impose fines of up to $5,000 for each donation accepted. Donors would face identical penalties for each contribution made to lawmakers breaking quorum, according to KERA News. The measure targets the fundraising activities that occurred during the recent Democratic walkout, which unsuccessfully sought to prevent Republican-sponsored congressional redistricting.
Financial Incentives Driving Legislative Strategy
Shaheen argued that current Texas law creates perverse financial incentives for lawmakers to abandon their legislative duties. "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," Shaheen stated, according to KERA News.
The Republican representative emphasized that existing statutes only restrict fundraising during regular legislative sessions, not during the unexcused absences that characterize quorum breaks. "This current arrangement creates a financial incentive to break quorum," Shaheen explained during floor debate.
"HB 18 strikes a careful balance between a right of the legislative minority to resist legislation and a prerogative of the majority to conduct business." — State Rep. Matt Shaheen (R-Plano)
The bill's provisions would cap daily fundraising for absent members at $221 — equivalent to their current per diem payment, as set by the Texas Ethics Commission — and entirely prohibit the use of political funds for travel expenses related to out-of-state trips, according to The Texas Tribune.
Constitutional Authority vs. Free Speech Rights
Republican supporters grounded their arguments in constitutional authority, with Representative Richard Hayes (R-Hickory Creek) citing three specific provisions of the Texas Constitution during closing remarks. Hayes argued that lawmakers' oath of office creates a duty to be present during regular and special sessions, while the constitution grants the Legislature power to compel attendance.
"Fleeing the state to deny a quorum is the perfect example of absence without leave," Hayes declared, according to KERA News. "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".
Democrats countered with First Amendment concerns, arguing the legislation creates unconstitutional restrictions on political speech. State Representative John Bucy (D-Austin) challenged Shaheen directly during committee proceedings, pointing out that courts have recognized monetary contributions as a form of protected political expression.
Democratic Opposition Frames Bill as Retaliation
Democratic lawmakers characterized the legislation as vindictive punishment rather than principled governance reform. Representative Chris Turner (D-Grand Prairie) told CBS News Texas that "the Republicans are in a vindictive mood right now. They want to deliver on this retribution on the Democrats, but the reality is — this is their fault. They rushed this racially gerrymandered map through the legislature, and we fought back, and they don't like it that we fought back, but that's too bad".
Representative Donna Howard (D-Austin) delivered the primary Democratic opposition speech, emphasizing constituent representation over procedural compliance. "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 stated, according to KERA News. "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 warned Republicans about potential future consequences of the legislation. "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," she predicted.
Financial Context of Recent Quorum Break
The bill directly responds to fundraising activities that occurred during the Democratic quorum break last month. Former Democratic Congressman Beto O'Rourke's organization, Powered By People, donated more than $1 million to the Texas Legislative Black Caucus, the Texas House Democratic Caucus, and the Mexican American Legislative Caucus during the first special session, according to CBS News Texas.
Representative Keresa Richardson (R-McKinney) supported the measure, telling CBS News Texas, "I prefer if you break quorum, you can't fundraise because I believe many Democrats when they were out, were fundraising. Now, from what I understand, money was given to their caucuses... to circumvent going directly to the candidates. But I don't think they should be fundraising when they don't do their jobs".
The new legislation would prevent legislative caucuses from receiving funds generated during quorum breaks, whereas Democrats currently face fines exceeding $9,000 for their recent walkout.
Additional Punitive Measures Under Consideration
House Bill 18 represents just the first wave of Republican efforts to discourage future quorum breaks. House Resolution 128 by Representative Cody Vasut (R-Angleton) is expected to reach the House floor on Wednesday. It would update chamber rules with additional penalties for quorum breakers, according to The Texas Tribune.
If adopted, the new rules would increase fines against absent members and allow the House to strip quorum-breaking lawmakers of seniority and committee leadership roles. Additionally, a House panel advanced another proposal from Senator Paul Bettencourt (R-Houston) that seeks to limit lawmakers' fundraising during overtime legislative sessions.
National Context and Minority Party Strategy
The Texas legislation reflects broader national tensions over minority party tactics in state legislatures. Glenn Smith, a veteran Democratic political consultant based in Austin, described quorum breaks as "strategies for a minority party to combat the tyranny of the majority in a legislative environment," according to The New Yorker. "These are the last-resort tools. What happens when they are gone?"
The Democratic walkout ultimately proved unsuccessful, as the Legislature approved and Governor Greg Abbott signed the new congressional maps that will likely convert five Democratic seats into Republican seats following next year's midterm elections. A three-judge federal panel will hold hearings on the maps' legality beginning October 1.
Senate Consideration and Future Implications
House Bill 18 now advances to the Texas Senate, where it will receive a committee hearing on Wednesday evening. The bill's passage reflects Governor Abbott's expanded special session agenda, which specifically authorized lawmakers to enact stiffer penalties for legislators who leave the state to freeze Capitol business.
Abbott had stated that such legislation was necessary "to ensure that rogue lawmakers cannot hijack the important business of Texans," positioning the measure within broader Republican efforts to maintain legislative order and majority governance.
The bill's ultimate fate will depend on Senate approval and potential legal challenges, as similar restrictions on political speech and legislative minority rights face constitutional scrutiny across the nation. The legislation represents a significant escalation in partisan tensions over legislative procedures and minority party rights in Texas, with implications extending far beyond the immediate political context of congressional redistricting disputes.