Dem lawmakers fleeing Texas

This forum is for general legislative discussions not specific to any given legislative session. It will remain open.

Moderator: carlson1

User avatar

puma guy
Senior Member
Posts in topic: 4
Posts: 7781
Joined: Thu Jul 23, 2009 2:23 pm
Location: Near San Jacinto

Re: Dem lawmakers fleeing Texas

#61

Post by puma guy »

A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!

clarionite
Senior Member
Posts in topic: 2
Posts: 889
Joined: Wed Oct 06, 2010 10:09 pm

Re: Dem lawmakers fleeing Texas

#62

Post by clarionite »

puma guy wrote: Thu Jul 22, 2021 1:23 pm A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
I think a few changes need to be made. Redefine the rules of quorum as whatever percentage needed for passage out of those members that bothered to show up during session. So they couldn't block things by leaving. And second, those that leave should be removed from office and not permitted to hold office again. And of course, those that leave to keep from performing their duties should be stripped of their pay also, and possibly a fine.
User avatar

Pawpaw
Senior Member
Posts in topic: 2
Posts: 6745
Joined: Sat Jun 19, 2010 11:16 am
Location: Hunt County

Re: Dem lawmakers fleeing Texas

#63

Post by Pawpaw »

There might be a bright spot in this...

Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams

srothstein
Senior Member
Posts in topic: 4
Posts: 5298
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: Dem lawmakers fleeing Texas

#64

Post by srothstein »

clarionite wrote: Thu Jul 22, 2021 2:09 pm
puma guy wrote: Thu Jul 22, 2021 1:23 pm A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
I think a few changes need to be made. Redefine the rules of quorum as whatever percentage needed for passage out of those members that bothered to show up during session. So they couldn't block things by leaving. And second, those that leave should be removed from office and not permitted to hold office again. And of course, those that leave to keep from performing their duties should be stripped of their pay also, and possibly a fine.
I think that we could change the quorum to be a simple majority of the elected members , as in 50% +1. This would be the same as the Democrats eliminating the filibuster as it lets the majority party do what it wants.

But I do want to point out that this could really bite us later. Republicans will not always be the majority party in Texas. We need to be very careful of the changes we make to stop them from being used against us in the future. The Republicans did this with nominations after the Democrats removed the filibuster on them. I have never understood why the Republicans did not raise the filibuster back up to 67 for everything when they had the votes to do so. And that raises the real problem with us changing the quorum. It is written in the Texas Constitution (Article 3, Section 10). The filibuster is just a Senate rule that can be changed any time by a vote of the Senate. It takes a lot more to change the quorum rule for Texas.
Steve Rothstein

clarionite
Senior Member
Posts in topic: 2
Posts: 889
Joined: Wed Oct 06, 2010 10:09 pm

Re: Dem lawmakers fleeing Texas

#65

Post by clarionite »

srothstein wrote: Thu Jul 22, 2021 8:50 pm
clarionite wrote: Thu Jul 22, 2021 2:09 pm
puma guy wrote: Thu Jul 22, 2021 1:23 pm A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
I think a few changes need to be made. Redefine the rules of quorum as whatever percentage needed for passage out of those members that bothered to show up during session. So they couldn't block things by leaving. And second, those that leave should be removed from office and not permitted to hold office again. And of course, those that leave to keep from performing their duties should be stripped of their pay also, and possibly a fine.
I think that we could change the quorum to be a simple majority of the elected members , as in 50% +1. This would be the same as the Democrats eliminating the filibuster as it lets the majority party do what it wants.

But I do want to point out that this could really bite us later. Republicans will not always be the majority party in Texas. We need to be very careful of the changes we make to stop them from being used against us in the future. The Republicans did this with nominations after the Democrats removed the filibuster on them. I have never understood why the Republicans did not raise the filibuster back up to 67 for everything when they had the votes to do so. And that raises the real problem with us changing the quorum. It is written in the Texas Constitution (Article 3, Section 10). The filibuster is just a Senate rule that can be changed any time by a vote of the Senate. It takes a lot more to change the quorum rule for Texas.
Oh, I don't want to change it to a simple majority. I want to change it so they can't shirk their duty to prevent a quorum. If they decide they don't want to participate, they're not counted in the votes needed for a quorum. I think that's fair for either side.
User avatar

aaangel
Senior Member
Posts in topic: 2
Posts: 934
Joined: Mon Apr 05, 2010 10:06 am
Location: Grand Prairie

Re: Dem lawmakers fleeing Texas

#66

Post by aaangel »

Pawpaw wrote: Thu Jul 22, 2021 7:44 pm There might be a bright spot in this...

Personally I Don’t really trust fist pumping with Kamala, Lindsey anymore! What happened with his investigation of comey and yates? Where’s Barr and Durham? Anyone? Bueller?
'got to Texas ASAIC.
User avatar

Flightmare
Senior Member
Posts in topic: 3
Posts: 3094
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: Dem lawmakers fleeing Texas

#67

Post by Flightmare »

Even the Dallas Morning News is calling them out.

https://www.dallasnews.com/opinion/edit ... rtys-sake/
Deplorable lunatic since 2016
User avatar

Flightmare
Senior Member
Posts in topic: 3
Posts: 3094
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: Dem lawmakers fleeing Texas

#68

Post by Flightmare »

Deplorable lunatic since 2016
User avatar

Paladin
Senior Member
Posts in topic: 2
Posts: 6557
Joined: Thu Dec 23, 2004 4:02 pm
Location: DFW

Re: Dem lawmakers fleeing Texas

#69

Post by Paladin »

Flightmare wrote: Mon Jul 26, 2021 8:44 am https://babylonbee.com/news/following-t ... d-outbreak

Babylon Bee at their finest!
:smilelol5: :smilelol5:
JOIN NRA TODAY!, NRA Benefactor Life, TSRA Defender Life, Gun Owners of America Life, SAF, VCDL Member
LTC/SSC Instructor, NRA Certified Instructor, CRSO
The last hope of human liberty in this world rests on us. -Thomas Jefferson
User avatar

puma guy
Senior Member
Posts in topic: 4
Posts: 7781
Joined: Thu Jul 23, 2009 2:23 pm
Location: Near San Jacinto

Re: Dem lawmakers fleeing Texas

#70

Post by puma guy »

Flightmare wrote: Mon Jul 26, 2021 8:44 am https://babylonbee.com/news/following-t ... d-outbreak

Babylon Bee at their finest!
Now that there' is funny! "rlol"
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
User avatar

rtschl
Senior Member
Posts in topic: 4
Posts: 1339
Joined: Thu Jul 02, 2009 1:50 pm
Location: Fort Worth

Re: Dem lawmakers fleeing Texas

#71

Post by rtschl »

So one of the fleeing Democrats, Philip Cortez, returned to Texas to "improve the bill" and had direct talks with Republican leadership - and then went back to DC.

Why wasn't he arrested when he arrived and why wasn't he arrested before he could leave Texas again? Seems our Republican leaders ican talk a great game, but do nothing.

Ron
NRA Member

wheelgun1958
Senior Member
Posts in topic: 1
Posts: 1125
Joined: Tue Mar 06, 2007 10:40 pm
Location: Flo, TX

Re: Dem lawmakers fleeing Texas

#72

Post by wheelgun1958 »

rtschl wrote: Mon Jul 26, 2021 10:58 am Why wasn't he arrested when he arrived and why wasn't he arrested before he could leave Texas again? Seems our Republican leaders ican talk a great game, but do nothing.
It's just a game to them, and we're the pawns.

powerboatr
Senior Member
Posts in topic: 5
Posts: 2275
Joined: Mon Mar 23, 2009 9:53 pm
Location: North East Texas

Re: Dem lawmakers fleeing Texas

#73

Post by powerboatr »

wheelgun1958 wrote: Mon Jul 26, 2021 2:08 pm
rtschl wrote: Mon Jul 26, 2021 10:58 am Why wasn't he arrested when he arrived and why wasn't he arrested before he could leave Texas again? Seems our Republican leaders ican talk a great game, but do nothing.
It's just a game to them, and we're the pawns.
yup our governor and repubs are all hat and no cattle. why cant they pull their collective heads out of the sand and play just as crappy as democrats
Proud to have served for over 22 Years in the U.S. Navy Certificated FAA A&P technician since 1996
User avatar

Syntyr
Senior Member
Posts in topic: 6
Posts: 1662
Joined: Wed Jul 29, 2009 3:54 pm
Location: Houston

Re: Dem lawmakers fleeing Texas

#74

Post by Syntyr »

Syntyr
"Wherever you go... There you are." - Buckaroo Banzai
"Inconceivable!" - Fizzinni
User avatar

ELB
Senior Member
Posts in topic: 5
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: Dem lawmakers fleeing Texas

#75

Post by ELB »

Request for opinion from the Texas Attorney General:
With this in mind, does our constitution or state statutes expressly allow for the vacating of
legislative seats or seeking a determination if legislators have vacated their legislative seats
when members deliberately deny the constitutional quroum (sic) requirement, announce
intentions to leave and remain outside the State the state in order to prevent the presiding
officer from compelling attendance, and have taken the oath of office?

https://www2.texasattorneygeneral.gov/o ... 0418KP.pdf
USAF 1982-2005
____________
Post Reply

Return to “General Legislative Discussions”