The Texas Supreme Court on Tuesday issued a stay of an order blocking Gov. Greg Abbott and House Speaker Dade Phelan from arresting House Democrats in the ongoing Legislature quorum break.
The emergency motion was filed Tuesday morning by Attorney General Ken Paxton's office. Paxton argued that the order, issued late Sunday by state District Judge Brad Urrutia, improperly stopped Abbott and Phelan from exercising authority specifically granted to them under the Texas Constitution.
In issuing the stay, the court has called for the Democrats to respond by 4 p.m. Thursday.
The current 30-day special session, which began on Saturday, is set to end on or before Sept. 5.
Urrutia currently has a hearing on the matter scheduled for Aug. 20.
Several House Democrats have returned to the state under the cover of Urrutia's order, including James Talarico (D-Round Rock). Despite some members returning to the Capitol, the chamber remained just shy of the 100 members required for a quorum on Monday evening.
That prompted House Republicans to vote to issue a "call of the House", locking the chamber doors. Members must also receive written permission from the speaker before they are allowed to leave the chamber. The motion passed on an 80-8 vote.
Following that vote, Phelan adjourned the House until 4 p.m. Tuesday.
Meanwhile, the Senate advanced its version of a bill that would lower the requirements for a quorum in both chambers of the Legislature to a simple majority. Senate Joint Resolution 1 passed the upper chamber's Special Committee on Constitutional Issues on a 5-0 vote, including two Democrats.
In order to change the quorum threshold, two thirds of both chambers must approve the measure, and then it has to be approved by voters.
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