Democratic lawmaker says she can’t be arrested for House rule she voted for

By Bethany Blankley | The Center Square

Of the more than 60 Texas House Democrats who left Austin to break quorum, state Rep. Jasmine Crockett, D-Dallas, told CNN that she wasn’t worried about Gov. Greg Abbott’s claim that truant members would be arrested once they return to Texas.

“I don’t worry – probably because I know the law, and the governor knows the law, as well. I’m a criminal defense attorney, and so I understand that I’ve not committed a crime, so I can’t get arrested,” she said.

Crockett claimed truant members can only be detained, not arrested.

“I’m not worried about the threat of being arrested. The most that can happen is that we can be detained, which is why we got out of the state. The governor of Texas has no jurisdiction outside of the state of Texas, along with [the Texas Department of Public Safety],” Crockett said.

But the House rules, which Crockett voted for, state otherwise. There are 45 references to the call of the House in the rules. They include rules governing bringing in absent members (Rule 2, Sec. 4), achieving quorum after a call of the house (Rule 5, Sec. 9), enforcement of the call of the house by the doorkeeper (Rule 2, Sec. 5), among others.

HR 4, to adopt the permanent rules of the House, was approved by 141 members with no member voting against it on Jan. 14.

In the Texas House Rules Manual (Rules of Procedure, Housekeeping Resolution, Government Code) for the 87th Legislature’s 363 pages, all rules and procedures governing the legislative body’s operations are detailed. For example, Rule 1 outlines the duties and rights of the Speaker of the House, who “shall enforce, apply and interpret the rules of the house in the deliberations of the house and shall enforce the legislative rules prescribed by the statute and the Constitution of Texas.”

Rule 2, Section 4 outlines the responsibility of the sergeant-of-arms. Under the direction of the speaker, the sergeant-at-arms shall “have charge of and maintain order in the hall of the house …” and among other responsibilities, “Bring in absent members when so directed under a call of the house,” and among other things, “supervise the doorkeeper.”

Rule 2, Section 5 outlines the responsibility of the doorkeeper. One of those duties is to “close the main entrance and permit no member to leave the house without written permission from the speaker when a call of the house or a call of the committee of the whole is ordered, take up permission cards as members leave the hall, and take up permission cards of those who are admitted to the floor of the house under the rules and practice of the house.”

On Tuesday, Rep. Will Metcalf, R-Conroe, chair of the House Administration Committee, filed a motion to call the house. He asked that “the sergeant at arms, or officers appointed by him [search for those] whose unattendance is not excused for the purpose of securing and maintaining their absence under warrant of arrest if necessary.”

The motion passed by a vote of 76-4, with four Democrats who remained in Texas opposing the measure.

Also on Tuesday, Gov. Greg Abbott said House Speaker Dade Phelan can issue a call to have the truant members arrested, in line with what the members voted on.

Abbott also told KVUE-TV News, “I can and I will continue to call a special session after special session after special session all the way up until election next year.”

The governor said when Democrats “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,” referring to Rule 2, Section 5.

Once back in Texas while the legislature is still in session, according to the House rules, the only means by which the House Democrats would not be forcibly returned to the Capitol would be if Phelan did not call the house “under warrant of arrest if necessary,” if the sergeant-at-arms did not comply with a call of the house, if truant members voluntarily returned of their own accord, or stayed outside of the boundaries of Texas where they cannot be retrieved by the sergeant-of-arms and his staff or any other member of law enforcement.