Amendment
Passed on 9/17/25
This bill aims to restrict political contributions and expenditures by absent members of the Texas Legislature during periods when they are absent from the state without leave for the purpose of impeding legislative action. The legislation establishes penalties for violations, outlines enforcement mechanisms, and defines key terms related to legislative absences. Its primary objective is to disincentivize and penalize legislators who attempt to obstruct the legislative process through prolonged, unauthorized absences, particularly in the context of quorum-breaking tactics.
The bill amends the Texas Government Code to impose strict limitations on political activities for legislators absent without leave. It caps contributions to absent members or their supporting committees at the amount of a single day's legislative per diem. The legislation prohibits expenditures for travel, food, or lodging related to the absence. Refused contributions must be returned within 5 days. Violations incur civil penalties up to $5,000 per instance. The bill establishes a process for reporting and certifying alleged violations to district courts, which are empowered to determine violations and impose penalties after due process. It defines 'absent without leave' as occurring when the House has ordered the return of absent members, issued civil arrest warrants, and the member has not returned or been granted leave.
The Texas Legislature is responsible for enacting this provision under its constitutional rulemaking authority. Enforcement is primarily carried out through the judicial system, with district courts playing a central role. The House Speaker or Senate President can certify allegations to the appropriate district court, which must provide notice and allow the alleged violator to show cause before determining violations and imposing penalties. The 15th Court of Appeals District has appellate jurisdiction over these cases. The Texas Ethics Commission's role is limited to setting the legislative per diem rate used to calculate contribution limits. Compliance is monitored through a reporting mechanism allowing any member to report alleged violations to legislative leadership.
This legislation directly impacts members of the Texas Legislature and their associated political committees. It creates a significant financial disincentive for legislators considering prolonged, unauthorized absences to impede the legislative process. The bill may reduce the effectiveness of quorum-breaking as a political tactic by limiting fundraising capabilities during such absences. Administrative burden is placed on legislative leadership and the court system to process and adjudicate alleged violations. The expected outcome is increased legislative attendance and a reduction in extended quorum-breaking absences. No specific sunset provisions are mentioned, suggesting the restrictions will remain in effect indefinitely.
The bill is grounded in the Texas Legislature's constitutional authority to determine its rules of procedure, as established in Article III, Sections 8, 10, and 11 of the Texas Constitution. It amends Chapter 301, Subchapter F of the Texas Government Code, integrating with existing statutes governing legislative conduct. The legislation interfaces with the Texas Election Code, adopting its definitions for key terms. Judicial review is explicitly provided for, with specific provisions detailing the court process and appellate jurisdiction. The bill does not appear to preempt state or local laws, but rather adds a layer of regulation specific to legislative conduct during unauthorized absences.
Several critical issues arise from this legislation. There may be constitutional concerns regarding the restriction of political speech and association, as the bill limits campaign contributions and expenditures. Implementation challenges could include difficulties in tracking and proving violations, especially for out-of-state activities. The bill may face opposition arguments that it infringes on legislators' rights to protest through quorum-breaking, a tactic with historical precedent in Texas politics. There could be unintended consequences, such as encouraging more covert methods of political fundraising or pushing political activities to entities not covered by the legislation. The broad definition of 'absent without leave' and the potential for selective enforcement may also be points of contention. Additionally, the cost implications of enforcement and potential court proceedings could be significant, both for the state and for individual legislators facing allegations.