House to Consider Harsher Deterrents for Breaking Quorum

Quorum-busting Legislators Could Face Loss of Seniority, Higher Fines

  • House Resolution 128, by State Representative Cody Vasut, amends Texas House rules to deter future quorum breaks by imposing harsher penalties, including loss of seniority, loss of chairmanships and vice-chairmanships, higher fines, and reductions in office budgets
  • House Bill 18, by State Representative Matt Shaheen, amends state law to restrict political fundraising and spending by quorum-busting legislators while they are absent
  • The Texas House Republican Caucus has endorsed stronger penalties for breaking quorum

This week, lawmakers will consider measures that will amend the Texas House Rules and state law aimed at deterring future quorum breaks by rogue legislators.

On Monday evening, the Texas House Administration Committee approved House Resolution 128 by Republican State Representative Cody Vasut. The resolution, which is expected to be considered by the full House this week, seeks to amend Texas House rules to impose harsher penalties on State Representatives who are absent without leave for the purpose of impeding legislative business. 

The proposed changes to Texas House rules outlined in Vasut’s resolution include:

  • The loss of the pro-rata portion of the Representative’s office budget for each day they are absent.
  • The loss of two years of seniority for each day the Representative is absent, after the Representative has been absent for at least three consecutive days. A Representative’s seniority is used to give preference to committee assignments and office space. 
  • The loss of any chairmanship or vice-chairmanship held by the Representative.
  • Increasing the fine imposed on absent Representatives from $500 per day to three times the amount of the legislative per diem. The per diem, which is set by the Texas Ethics Commission, is currently $221.

The Texas House Republican Caucus has endorsed House Resolution 128. In a statement, the Caucus expressed the need for the penalties included in the resolution and thanked House Speaker Dustin Burrows for supporting the proposals. 

“We applaud Speaker Dustin Burrows for his staunch support of the recommended rules changes adopted by the Caucus and swift action to bring these rules changes to the floor. Speaker Burrows showed true leadership during the quorum break and assured the members of the House there would be consequences for their actions,” read the statement from the Caucus

“Texans expect their legislators to show up to work. Quorum breaks not only delay legislative action, they cost taxpayers millions. While we believe the availability of fines helped shorten the recent quorum break, it is clear penalties need to be available for the House to use to help prevent quorum breaks from occurring at all.”

On Tuesday, the Texas House is also set to consider House Bill 18 by Republican State Representative Matt Shaheen. This legislation amends the Texas Government Code to limit the ability of a lawmaker who is absent without leave for the purpose of impending legislative action to accept political contributions or make political expenditures. 

Under the bill, a quorum-busting lawmaker would be prohibited from accepting political contributions in excess of the legislative per diem while absent without leave and would be banned from making any political expenditures for travel, food, or lodging related to their absence. 

A person who makes a political contribution or expenditure in violation of the law is subject to a civil penalty of up to $5,000 for each separate contribution or expenditure. 

Last week, the Texas Senate passed Senate Bill 19, which would prohibit statewide officeholders and state legislators from accepting political contributions during any special session that begins before September 1 in an odd-numbered year. The bill has been passed out of the Texas House Elections Committee and awaits further action in the House. 

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