Heh. Wishful thinking.
The Dems ain't gonna be arrested nor will they be fired.
Truth is they'll likely return prior to the December deadline for the redistricting vote by their own... volition. Heh.
That's a long time to be away from home, family and work...
Texas Democratic legislators who left the state to break quorum cannot be directly "fired" by the governor or other officials, as their removal from office is governed by specific legal processes outlined in the Texas Constitution and state law. Here’s a clear breakdown:
- **Quorum Break and Legal Context**: Over 50 Texas House Democrats left the state starting August 3, 2025, to prevent a quorum (the minimum number of legislators needed to conduct business, which is 100 out of 150 members in the Texas House). They did this to block a Republican-backed redistricting plan that could add up to five GOP-leaning congressional seats. This tactic, known as a quorum break, is legal under the Texas Constitution, which allows lawmakers to decide whether to appear for a quorum.[](https://www.cbsnews.com/news/texas-redistricting-democrats-quorum-break-greg-abbott/)[](https://www.texastribune.org/2025/08/05/texas-democrats-ken-paxton-court-vacate-seats-quorum-break/)[](https://www.wfaa.com/article/news/state/texas-democrats-leave-state-legal-republicans/287-07a007c7-555c-44a4-a11a-2dc64d232662)
- **Can They Be Removed?**: Governor Greg Abbott and others have threatened to remove these lawmakers from office, citing a 2021 nonbinding opinion from Attorney General Ken Paxton (KP-0382). This opinion suggests that a court could determine a legislator has "abandoned" their office, potentially creating a vacancy. However, legal experts argue this is inconsistent with the Texas Constitution, as breaking quorum does not equate to abandoning office. Removal would require:
- A court ruling in a quo warranto proceeding, initiated by the attorney general or a district attorney, not the governor. Paxton has stated he would file such actions against absent Democrats if they didn’t return by August 8, 2025.[](https://www.texastribune.org/2025/08/05/texas-democrats-ken-paxton-court-vacate-seats-quorum-break/)[](https://www.newsweek.com/can-greg-abbott-kick-out-fleeing-democrats-experts-weigh-2108694)
- Alternatively, a two-thirds vote by the Texas House to expel a member, as occurred in 2023 with Republican Rep. Byron Slaton for misconduct.[](https://www.cbsnews.com/news/texas-redistricting-democrats-quorum-break-greg-abbott/)[](https://www.texastribune.org/2025/08/05/texas-democrats-ken-paxton-court-vacate-seats-quorum-break/)
- There is no precedent in Texas history for removing lawmakers solely for breaking quorum, and such an action would likely face significant legal challenges.[](https://www.newsweek.com/can-greg-abbott-kick-out-fleeing-democrats-experts-weigh-2108694)
- **Other Consequences**: While removal is unlikely without judicial or legislative action, the absent Democrats face other penalties:
- **Fines**: A $500 daily fine for each day they are absent without leave, established after a 2021 quorum break.[](https://x.com/MarioNawfal/status/1953884682845601794)[](https://time.com/7307814/texas-democrats-redistricting-quorum-fbi-locate-arrest-abbott-paxton-trump/)[](https://www.wfaa.com/article/news/state/texas-democrats-leave-state-legal-republicans/287-07a007c7-555c-44a4-a11a-2dc64d232662)
- **Operational Penalties**: House Speaker Dustin Burrows announced measures like cutting 30% of their office budgets, banning newsletters, and requiring in-person paycheck pickup (no direct deposit).[](https://x.com/MarioNawfal/status/1953884682845601794)
- **Civil Arrest Warrants**: The Texas House voted to issue civil arrest warrants to compel absent lawmakers’ return. However, these warrants are unenforceable outside Texas, as the lawmakers fled to Democratic-led states like Illinois and New York, which are unlikely to cooperate.[](https://time.com/7307814/texas-democrats-redistricting-quorum-fbi-locate-arrest-abbott-paxton-trump/)[](https://www.wfaa.com/article/news/state/texas-democrats-leave-state-legal-republicans/287-07a007c7-555c-44a4-a11a-2dc64d232662)[](https://www.cbsnews.com/texas/news/texas-democrats-quorum-redistricting-abbott/)
- **Bribery Allegations**: Abbott and others have suggested that accepting funds to cover fines or expenses could constitute bribery, a second-degree felony. However, legal scholars note Texas has loose ethics laws, and proving bribery would be difficult.[](https://www.cbsnews.com/news/texas-redistricting-democrats-quorum-break-greg-abbott/)[](https://time.com/7307814/texas-democrats-redistricting-quorum-fbi-locate-arrest-abbott-paxton-trump/)[](https://www.usatoday.com/story/news/politics/2025/08/04/greg-abbott-legal-actions-texas-democrats/85509192007/)
- **Legal and Practical Limits**: Legal experts, including Charles “Rocky” Rhodes and Chad Dunn, argue that quorum-breaking is a legitimate legislative tactic protected by the Texas Constitution. The governor lacks unilateral authority to declare seats vacant, and courts would need to establish intent to abandon office, which is not evident in a temporary quorum break. Historically, quorum breaks (e.g., 1979, 2003, 2021) have delayed but not prevented legislation, and no lawmakers have been removed for this action.[](https://www.texastribune.org/2025/08/05/texas-democrats-ken-paxton-court-vacate-seats-quorum-break/)[](https://www.newsweek.com/can-greg-abbott-kick-out-fleeing-democrats-experts-weigh-2108694)[](https://www.kvue.com/article/news/politics/special-session/texas-democrats-leave-state-redistricting-quorum/269-6919f7c5-ec57-49a6-bc3a-ad7cf84aa683)
- **What Happens Next?**: The special session ends August 19, 2025, but Abbott can call additional sessions until the December 8, 2025, candidate filing deadline for the 2026 midterms. Democrats aim to delay the redistricting vote, but past quorum breaks (e.g., 2021) suggest Republicans may eventually pass the maps. Any attempt to remove lawmakers would likely lead to court challenges, potentially setting new legal precedents.[](https://www.wfaa.com/article/news/state/texas-democrats-leave-state-legal-republicans/287-07a007c7-555c-44a4-a11a-2dc64d232662)[](https://www.newsweek.com/can-greg-abbott-kick-out-fleeing-democrats-experts-weigh-2108694)[](https://abcnews.go.com/Politics/texas-house-democrats-plan-flee-state-stop-proposed/story?id=124326241)
In summary, while Governor Abbott and others have threatened removal, Texas Democrats cannot be easily "fired" for leaving the state. Removal requires a court or legislative process, and legal experts consider it unlikely based on current law and precedent. However, the lawmakers face fines, operational penalties, and civil arrest warrants if they return to Texas.[](https://www.texastribune.org/2025/08/05/texas-democrats-ken-paxton-court-vacate-seats-quorum-break/)[](https://www.newsweek.com/can-greg-abbott-kick-out-fleeing-democrats-experts-weigh-2108694)