Texas Senators Return to Texas via Laredo
to challenge congressional redistricting

by Paul de la Peña-Franceschi
The Texas Ten Senators, who were ensconced in Albuquerque for more than a month in a protest and challenge of proposed Congressional redistricting, returned to Texas Sept. 10. Greeted by hundreds of supporters from across the state, the Texas Ten (now minus Democratic Sen. John Whitmire of Houston), led by Sen. Leticia Van de Putte of San Antonio and Sen. Judith Zaffirini, were in Laredo to attend a Federal District Court hearing concerning potential violations of the Voting Rights Act and to challenge the Republican sponsored Congressional redistricting efforts.
The Senators were welcomed back to Laredo by State Representative Richard Raymond, who heralded them as "Texas Heroes." Sen. Royce West called on Texas Lt. Governor Dewhurst to "drop the fines imposed upon the Senators and restore the 2/3 Rule so that the Senators could return to the Senate floor." Sen. Rodney Ellis added, "Our stand in the Senate is important for the children in my household -- in your household. It is not necessary to roll back in time but to the future." Sen. Van de Putte added, "For nine months the Republicans have held off the redistricting challenge and the people of Texas are winning. We stand for the priceless value of democracy -- the fight to protect the rights of the people of Texas."
The 11 Senators -- two African Americans, seven Hispanics, and two Anglos who each represent minority districts -- fled to Albuquerque July 28 after Lt. Gov. Dewhurst changed procedures on the Senate floor so that a Republican congressional redistricting plan could pass when Gov. Rick Perry called a second special Legislative session. The absence of the Texas 11 obviated a quorum. The Democrats filed a federal lawsuit in Laredo claiming Dewhurst violated minority voting rights when he changed the procedure without first obtaining the permission of the U.S. Justice Department. An initial suit went before Federal District Judge George P. Kazen who deferred the case to a three-judge panel, which met Sept. 11.
The absent Senators were subjected to fines according to a vote that was conducted while the Texas Senate did not have a quorum. This would amount to $58,000 in fines for each senator, plus the revocation of parking privileges, cell phones, and the use of Senatorial offices and meeting spaces. On Monday, Sept. 15, the Senators arrived at the State Capitol to find that their parking places had been blocked with TxDOT parking cylinders too heavy to be moved by a single person. No court has yet determined if these limitations are legal or not. Spokespersons for the "Texas 11" said that they would not pay any of the fines, stating that they were unethical and immoral.
At the end of the Second Special Legislative Session, Sen. Whitmire broke from the ranks of the Texas 11, reportedly without giving his colleagues any legitimate reason for his return. It was believed that he would rejoin the other Senators on the floor of the Senate if Gov. Perry called a Third Legislative Special Session. This further complicated the issue because it would then allow the Texas Senate to vote on redistricting and any other piece of legislation that the governor chose to add to the agenda.
On Sept. 9, Governor Perry made an official proclamation stating that he would call a Third Special Legislative Session by his authority under Article IV, Section 8, of the Texas Constitution, to begin Sept. 15 in Austin. In addition to congressional redistricting, he added to the docket issues concerning the state's fiscal management, and also legislation "modifying the filing period and related election dates for the primary elections in Texas." According to the Senator West, "This move would cost Texas taxpayers $10 million in unnecessary expense."
On Sept. 12, the three-judge panel delivered their findings on the lawsuit filed by the Texas 11. Justices Patrick Higgenbotham, George P. Kazen, and Lee Rosenthal listened to arguments from attorneys on both sides of the issue and determined that all of the complaints by the plaintiffs were to be dismissed. Also dismissed were the claims that the failure to adhere to the "2/3 Rule" in place in the Texas senate violated the First, Fourteenth, and Fifteenth Amendments of the United States Constitution. In respect to the issue of the monetary fines and the revocation of staff privileges, the Justices determined that they had insufficient evidence to make a ruling, but felt it would resolve itself in the future on the floor of the Texas Senate. According to attorneys Guadalupe Castillo and Carlos Zaffirini, the Texas 11 will appeal the ruling to the United States Supreme Court. The lead attorneys for their appeal will be Renea Hicks, Gerald Hebert, and Paul Smith.
The Legislature reconvened for business Sept. 15, and the Senate quickly adjourned after a quorum was reached. Immediately following, the "Texas 10" entered to thunderous applause and shouts of admiration and encouragement. Senator Van de Putte vowed that the fight for the rights of the people of Texas would continue. Redistricting is scheduled for discussion on the Senate floor Sept. 19, according to a source at Senator Zaffirini's office in Austin.
According to the official Texas Senate website, the House adopted a map for congressional redistricting on Monday Sept. 15 (HB 3) -- Plan 01268 -- and approved it on Sept. 17. This bill will then be sent to the Senate for approval. While the "Texas 11" were away many Texans have reevaluated their positions on the matter of Congressional redistricting. For instance, there are still problems with all of the current maps, both those created by the House and the Senate. The Houston area could see the region cut into six different Congressional districts, while there are still questions about the future of the Panhandle region, where the maps seek to divide the Lubbock and Odessa/Midland districts. Both of these areas have Republicans disagreeing about the future control of their districts.
So far the two Special Legislative Sessions have cost the State of Texas between $5 and $7 million in extra taxes. The exact figures are not available until the quarterly budget reports are released from the State Comptroller's office. While the State of Texas, like all other states in the Union, face fiscal hardships, it should be noted that during the field hearings across the state, Texans voiced their opinions verbally and in writing 95 percent against Congressional redistricting in a non-census year. Each day of a special session, it is estimated, costs the taxpayers upwards of $50,000 a day. The Third Special Legislative Session called by Governor Perry is due to end October 15.
To follow the events of the Texas House and Senate log onto www.texas.state.gov.