Gov. Greg Abbott has also vowed to go as far as arresting the Democratic lawmakers and calling as many special sessions as necessary.
“As soon as they come back in the state of Texas, they will be arrested, they will be cabined inside the Texas Capitol until they get their job done,” he told KVUE in an interview July 12.
Randall Erben, an adjunct professor at the University of Texas at Austin School of Law, said he couldn’t find anything that would give the governor the authority to arrest members. Instead, Erben said, “the House has their own procedures and that is really the relevant provision in my opinion,” pointing to Rule 5 Section 8 of the House Rules.
Erben said while some people “may argue” members could be violating state laws on resisting or evading arrest, he doesn’t believe House members would face arrest on criminal charges. He said they would likely face being “detained and returned to the Capitol” so the House could achieve a quorum.