AUSTIN — In the Texas House chamber, the seats are still empty, the desks remain clear and there is no voting going on. House Democrats are not coming back this special legislative session, but all eyes are on their next move.

What You Need To Know

  • House Democrats will not retun for first special session

  • Gov. Greg Abbott announced the next one will begin Saturday

  • ​Among a few new agenda items for the second session is the requirement for a legislative quorum

They broke quorum on July 13 and have been camped out in Washington, D.C. ever since, pushing for the passage of a federal voting rights law that would preempt state laws. That has not happened yet.

Technically, the current special legislative session is not over, but as promised Gov. Greg Abbott announced the next one will begin Saturday, a day after the first one ends. It includes an expanded agenda.

“We accomplished what we set out to do, which is to kill the entire first special session, kill Gov. Abbott’s anti-voter legislation that would make it more difficult for Texans to vote and be able to report on some of the progress we’ve been able to achieve here in Washington with respect to urgently needed federal voting rights legislation,” said Rep. Chris Turner (D-Grand Prairie), chairman of the House Democratic Caucus. “But we’ll look at what the governor has put out there and we’ll continue to consider our next steps but for now, we remain focused on finishing out this first special session.”

Each day as their Democratic colleagues pursue federal voting protections in Washington, GOP House members show up in Austin, albeit for a few minutes on the floor. Rep. Jim Murphy (R-Houston), said they are eager to get the legislative process moving along.

“The taxpayers are definitely not getting their money's worth. We spent a million dollars plus in the special session. While some work's been done, we've not taken care of our retired teachers. We've not taken care of our foster kids. We have nothing about property taxes. We have this COVID issue," Murphy, who is also chair of the House Republican Caucus, told Capital Tonight.

​Among a few new agenda items is the requirement for a legislative quorum. Murphy said he thinks they will consider changing the number of House lawmakers required to move forward with business from 100 members to a simple majority. He said though, it would take a constitutional amendment, and at least 17 Democrats in the chamber to sign on. Murphy said it would be a "tall order" to get changes to quorum rules on this year's November ballot.

“It's funny, because in Congress where some of our colleagues are spending their time, a majority is a quorum, and if that were the case, we would have already passed our bills and we'd be done with session," Murphy said.

Republicans in the House will likely pass the same rules this session that required members to need permission to leave the House floor. State troopers do not have jurisdiction outside of Texas, and House Speaker Dade Phelan did sign just one civil warrant for the arrest of Rep. Phil Cortez (D-San Antonio), who went back to Austin to negotiate, but left again for Washington. The speaker's office told Capital Tonight that warrant expires when this current special legislative session ends.

“With our caucus, we always leave all options on the table. We’re never going to remove any option at all," Turner said.

We will see what Phelan does, but he may end up just responding to what the runaway Texas Democrats do.

“Personally, I have questions about what can be done to restrict people's liberty. There's nothing criminal about not attending the legislature. I don't believe that the House is authorized to break into your door, tase you, that kind of deal," said Jim Dunnam, a former House member who was one of the quorum-breaking Democrats of 2003.

Dunnam was House Democratic Caucus Chair at the time and said his arrest warrant from the time is now framed in his Waco office.

“After we went to Ardmore, Oklahoma, we picked up seats in the Texas House," Dunnam said. "People didn't like what was being attacked. So, just getting the word out, like they have. They've very effectively done that. It has accomplished a significant goal.”

For now, it is uncertain how far that goalpost looks to Texas Democrats with each new special session Abbott continues to call.