Abbott Threatens Legal Action Over Quorum Break

AUSTIN, TX – Governor Greg Abbott released the following statement outlining the legal consequences that House Democrat members face for breaking quorum, including the potential loss of their seats and felony violations. This letter is also being sent directly to the individual members who have fled Texas.

The Governor's full statement is as follows:

Real Texans do not run from a fight. But that’s exactly what most of the Texas House Democrats just did. Rather than doing their job and voting on urgent legislation affecting the lives of all Texans, they have fled Texas to deprive the House of the quorum necessary to meet and conduct business.

These absences are not merely unintended and unavoidable interruptions in public service, like a sudden illness or a family emergency. Instead, these absences were premeditated for an illegitimate purpose—what one representative called “breaking quorum.” Another previously signaled that Democrats “would have to go by an extreme measure” of a quorum break “to stop these bills from happening.” In other words, Democrats hatched a deliberate plan not to show up for work, for the specific purpose of abdicating the duties of their office and thwarting the chamber’s business.

That amounts to an abandonment or forfeiture of an elected state office. When the Governor calls a Special Session, our Constitution provides that the “Legislature shall meet.” TEX. CONST. art. III, § 5 (emphasis added). It’s not optional. It’s a duty. The absconded Democrat House members were elected to meet and vote on legislation—not to prevent votes that may not go their way. Every session, legislators on both sides of the aisle find themselves on the losing side of a legislative vote. And every session, most of those legislators find a way to disagree agreeably and behave like adults, rather than going AWOL.

This truancy ends now. The derelict Democrat House members must return to Texas and be in attendance when the House reconvenes at 3:00 PM on Monday, August 4, 2025. For any member who fails to do so, I will invoke Texas Attorney General Opinion No. KP-0382 to remove the missing Democrats from membership in the Texas House. In that Opinion, the Attorney General considered “whether Texas law allows for a determination that a legislator has vacated office” if they intentionally break quorum. The Attorney General concluded that “whether a specific legislator abandoned his or her office such that a vacancy occurred will be a fact question for a court.”

He further concluded that “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.” That empowers me to swiftly fill vacancies under Article III, Section 13 of the Texas Constitution.

In addition to abandoning their offices, these legislators may also have committed felonies. Many absentee Democrats are soliciting funds to evade the fines they will incur under House rules. Any Democrat who “solicits, accepts, or agrees to accept” such funds to assist in the violation of legislative duties or for purposes of skipping a vote may have violated bribery laws. See TEX. PENAL CODE § 36.02. The same could be true for any other person who “offers, confers, or agrees to confer” such funds to fleeing Democrat House members. I will use my full extradition authority to demand the return to Texas of any potential out-of-state felons.

View the Governor’s full letter here.