Gov. Abbott orders arrest of 50+ Texas House Democrats who left state to fight congressional redistricting

Dozens of Texas House Democrats traveled to Illinois, New York and Massachusetts on Aug. 3 to protest the redistricting effort. The plan to redraw Texas’ congressional lines in the middle of the decade comes amid pressure from the Trump administration to increase Republicans’ narrow U.S. House majority, according to previous Community Impact reporting.

Some Democrats have called the move “corrupt,” arguing that the proposed congressional map could make it harder for minority communities to elect the candidates of their choice.

Democratic lawmakers’ absence prevents the House from considering legislation on redistricting, flood recovery and other policies requested by Abbott during the 30-day special legislative session, which ends Aug. 19. The governor has the authority to call additional special sessions at any time.

On the House floor Aug. 4, Burrows said the absent Democrats had “shirked their responsibilities” and thanked the 90 House members who were present.

“You understand that the issues before us—disaster recovery, fighting for the families who lost loved ones in the floods, human trafficking and more—are not abstract policy debates,” Burrows said. “They are real-world problems demanding immediate solutions. But instead of confronting those challenges, some of our colleagues have fled the state and their duty.”

During an Aug. 4 news conference in the Chicago suburbs, Rep. John Bucy III, D-Austin, said Democrats were “not running away” from their responsibilities.

“We’re running into the fight,” Bucy said. “Texas Democrats are standing up for one of our most basic American principles: the right to representation. So no, this isn't political theater—it's survival. Because if we lose the power to choose our leaders, we lose everything.”

More details

House Democrats have not said how long they planned to remain out of state. Texas House Democratic Caucus Chair Rep. Gene Wu, D-Houston, said Aug. 3 that members were prepared to do "whatever it takes" to prevent a new congressional map from passing.

"We have never given up trying to talk to our our colleagues on the other side," Wu said Aug. 3. "We've never stopped trying to have negotiations and try to work out something that will actually benefit the people of Texas. And we will continue to do that."

The governor has threatened House Democrats with removal from office if they do not return to Austin, although the decision lies with a district court. In an Aug. 3 statement, Abbott cited a nonbinding opinion by Attorney General Ken Paxton, who wrote in 2021 that it would be up to a court to determine if a lawmaker has abandoned their office by intentionally breaking quorum.

At a press conference after the House adjourned Aug. 4, Burrows declined to comment when asked if he supported removing House Democrats from office.

“As a lawyer, I try not to give legal answers without actually studying and knowing all of the facts of the law,” Burrows told reporters. “I appreciate the governor offering his full cooperation and assistance and that of the DPS to help us do what we can do to establish a quorum.”

Two hours later, about 100 people rallied outside the governor’s mansion in Austin, protesting Abbott’s call to vacate the seats of lawmakers who break quorum. As of press time, Abbott had not announced whether he would take legal action against Democrats who left the state.

House lawmakers who intentionally break quorum also face fines of $500 per day and may be required to cover the costs of “securing [their] attendance,” according to the chamber’s rules manual. Abbott asked state law enforcement to investigate Democrats who left the state, noting Aug. 4 that lawmakers who are fundraising to cover the fines may be soliciting or accepting bribes.

The background

Corpus Christi Republican Rep. Todd Hunter, who filed the redistricting plan on July 30, said Aug. 1 that 37 of Texas’ 38 congressional districts would be redrawn “to some degree,” with the primary changes “focused on five districts... to “allow Republican candidates the opportunity to compete.”

“Different from everybody else, I'm not beating around the bush—I'm telling you that we have five new districts, and these five new districts are based on political performance,” Hunter told members of the House redistricting committee Aug. 1.

Hunter said the proposal targets the following congressional districts:

• TX-09, served by U.S. Rep. Al Green, D-Houston
• TX-28, served by U.S. Rep. Henry Cuellar, D-Laredo
• TX-32, served by U.S. Rep. Julie Johnson, D-Farmers Branch
• TX-34, served by U.S. Rep. Vicente Gonzalez, D-McAllen
• TX-35, served by U.S. Rep. Greg Casar, D-Austin

Members of Texas’ Democratic congressional delegation have called the proposed congressional map “intentionally racially discriminatory,” noting during the Aug. 1 committee hearing that it could “dilute” their constituents’ voting power by splitting up certain historically Black and Hispanic districts.

“Every citizen should have equal access to choose their representation, instead of crowding Black people to the point that all the Black people in the state only have two representatives, and all the Latinos in the state are crowded to the extent that their voting power is diminished,” U.S. Rep. Jasmine Crockett, D-Dallas, told the committee.

Republicans pushed back against Democrats’ concerns Aug. 1 and said that the map would create one new district where Hispanic residents make up a majority of eligible voters, and two new majority-Black districts.

All legislative and congressional maps must comply with the federal Voting Rights Act, which prohibits voting practices or procedures that limit the ability of people of color to “elect representatives of their choice.”

Texas’ current congressional map is available here, and the proposed map is here.

Also of note

The Texas Senate, which has a quorum, met briefly Aug. 4 without taking action on bills. The Senate can continue passing legislation while House Democrats are out-of-state; however, bills must be approved by both chambers to reach the governor’s desk.

The Senate redistricting committee set public hearings on the proposed congressional map for Aug. 6 and 7. The committee will accept invited testimony on Aug. 6 and hear from the public on Aug. 7, according to the hearing notices.

The Senate Education Committee will also meet Aug. 6 to consider legislation that would eliminate the State of Texas Assessments of Academic Readiness, or STAAR, and replace it with three shorter exams administered throughout the school year. The House and Senate each advanced plans to scrap the high-stakes exam during the regular session, although they missed a legislative deadline after disagreeing over whether the new exams should be owned by a third party or the state.

An identical testing bill was filed in the House.