Despite what critics call 'a childish, desperate move,' Texas Dems continue earning per diems in absentia

Local Government
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Texas House Speaker Dade Phelan (R-Beaumont) | TexansforDade.com

Dozens of Texas House Democrats who have left the state in order to prevent the majority-holding Republicans from enacting legislation during a special session convened by Gov. Greg Abbott are still collecting their per diem, according to the Wall Street Journal.

The Texas Ethics Commission says legislators receive a $221 per diem for each day of the regular session and any special session. The commission, however, makes no mention of any circumstance in which a legislator is ineligible for this per diem.

"While these Texas Democrats collect taxpayer money as they ride on private jets to meet with the Washington elite, those who remain in the chamber await their return to begin work on providing our retired teachers the 13th check, protecting our foster kids and providing taxpayer relief," Texas House Speaker Dade Phelan (R-Beaumont) said in a statement on Twitter.

The Austin-American Statesman reports that 63 of the 67 Democrats in the Texas House were absent, with only two excused absences, meaning that 61 House Democrats left the state.

In response, the Texas House voted 76-4 on July 13 to pressure Democrats who left the state to return and attend the legislative session. The Republican House members advocated using warrants and arrests if necessary and authorizing officials to arrest any non-excused absent member after the absence of a quorum was established.

"Members, the sergeant-at-arms and the officers appointed by him are directed to send for all absentees whose attendance is not excused for the purpose of securing and maintaining their attendance — under warrant of arrest, if necessary," Phelan said from the floor, "Any member who wishes to leave the hall must have the written permission of the Speaker of the House."

If all 61 reportedly absent Democratic lawmakers remained in D.C. for the remaining 25 days of the special session, the cost to taxpayers in paying out their per diem would be $337,025.

On July 12, Abbott stated that he would convene special sessions indefinitely until  Texas voting legislation was approved, according to KXAN.

"I can and I will continue to call special session after special session after special session, all the way up until the election next year," Abbott said during an appearance Monday on KVUE.

Empire State Today reports that the new Texas voter legislation will provide two weeks of early voting, eliminate drive-through and 24-hour voting, require a state ID or Social Security number for all mail-in ballots, and shift the legal burden for voter fraud from “beyond a reasonable doubt” to “by a preponderance of the evidence.”

According to the Tyler Morning Telegraph, the majority of House Democrats left the state July 12, departing Austin in private jets bound for Washington, D.C., to avoid being arrested by a “Call of the House” order from Phelan, which could have been initiated July 13, when the House returned to session. House Democrats later issued a statement saying they would not return for the remainder of the 30-day special session.

Additionally, a Texas Public Policy Foundation survey found that 54% of Texans oppose lawmakers staging walkouts.

“Most Texans see it as a childish and desperate move, and they don’t like temper tantrums,” TPPF spokesman Brian Phillips said in response to the Democratic walkouts.