RIO GRANDE VALLEY, Texas (ValleyCentral) — “This has been an absolute sham and ruse to say that we were convening to address the flood victims. We now know the truth. It was to address these maps. That...are not for Texans or by Texans.”
Texas State Representative Erin Gamez (D TX-38) expressed her frustration Monday afternoon. One day, after 57 of her colleagues fled Texas, at least to slow down the mid-decade redistricting process taking place in Austin.
"This was an absolute last-minute resort that we all participated in discussing," Gamez said, referring to her fellow House Democratic Caucus members.
Gamez has repeatedly said she believes flood relief and mitigation efforts, in the wake of deadly floods that struck Central Texas over the Independence Day holiday, should have been the only agenda item for the special legislative session. She said Governor Greg Abbott led lawmakers to believe that addressing issues surrounding the flooding was the reason the session was being called.
"Now the whole world knows that was absolutely false," Gamez said.
Gamez is not one of the legislators who left the state. She said there are "multiple strategies" and that everyone was supporting the caucus in different ways.
“This act of political courage is constitutionally protected speech. It is a constitutionally protected parliamentary procedure in this state and many others,” Gamez said.
Jared Hockema, Chair of the Cameron County Democratic Party, applauded the House members who fled Texas. He said they were fighting for democracy and the ability for the voices of all voters to be heard.
"There's just as much of a right to speak to participate as not to participate. Refusing to participate is part of the First Amendment. It's part of the Constitution. It's part of a democracy," Hockema said.
When Governor Abbott called for the special session in July and added redistricting to the agenda, he tasked the legislature to provide "a revised congressional redistricting plan in light of constitutional concerns raised by the U.S. Department of Justice." Hockema said he doesn't think the proposed plan achieves that goal.
Hockema said, “These districts have fewer Hispanic voters in them. That’s the joke of all this, right? I mean, you had the letter from the Trump DOJ saying that you couldn’t have coalition districts, so then they created districts that have fewer Black voters and fewer Hispanic voters. Basically, in other words, diluting the voting power of those voters.”
After the Democrats fled to Illinois, New York, and elsewhere, Abbott and Texas Attorney General Ken Paxton have promised reprisals.
In a press release from the Attorney General's office, Paxton wrote, in part, "It’s imperative that they be swiftly arrested, punished, and face the full force of the law for turning their backs on the people of Texas.”
“They will arrest, and possibly criminally prosecute voices, representatives of the people, for exercising their right to speech. This is absurd. This is the type of authoritarian response that you see in third-world countries,” Gamez said.
On Sunday night, hours after lawmakers departed, Abbott's office issued a statement suggesting he could remove absent lawmakers from their seats. In the release, Abbott threatened to "invoke Texas Attorney General Opinion No. KP-0382 to remove the missing Democrats from membership in the Texas House."
The statement went on to say that Paxton, “through a quo warranto action, a district court may determine that a legislator has forfeited his or her office due to abandonment and can remove the legislator from office, thereby creating a vacancy.”
Abbott, citing Article III, Section 13 of the Texas Constitution, said that would empower him to "swiftly" fill those vacancies.
The Governor had set a deadline of 3 p.m. Monday for the Democrats to return to the Capitol, when the House was scheduled to reconvene. When the time came, a quorum had not been established.
"To suggest the Governor can force them to participate in a rigged process is outrageous," Hockema said, "So of course we're going to use every tool at our disposal to fight for the people of this state."
House Speaker Dustin Burrows took the podium following the roll call and commended members who were there.
"Those who answered the call, honored their oath, and came here ready to work for the people of Texas," Burrows said.
Burrows continued, saying, "To be absolutely clear, leaving the state does not stop this house from doing its work, it only delays it."
Republican Charlie Geren, who represents State District 99 near Fort Worth, offered a motion for a "Call on the House", which would compel the return of anyone absent from the House without permission.
Another motion from Geren sought to authorize the Sargent at arms, or officers she appoints, to send for "the purpose of securing and maintaining their attendance under warrant of arrest, if necessary," he said.
Gamez said she hopes this standoff ends with the majority of Republicans recognizing the minority party.
For this story, ValleyCentral contacted the Republican Party County Chairs of Cameron, Hidalgo, Willacy, and Starr Counties, requesting an interview. We also contacted the office of Republican State Representative Janie Lopez for comment.
We did not hear back or were told they would be unavailable to speak.
The Texas House is adjourned until 1 p.m. Tuesday.