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HJR 35

Proposing a constitutional amendment providing that members of the legislature are not entitled to receive a state salary, per diem, or reimbursement for mileage for an unexcused absence when the applicable house of the legislature lacks a quorum.

89th Legislature, 1st Called Session (2025) Introduced by Stan Gerdes

Constitutional amendment eliminating Texas legislators' pay, per diem, and mileage when their chamber lacks quorum from unexcused absences.

Filed
#legislature(i0520) #resolutions--constitutionalamendments(i0661)
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Bill Summary · HJR 35

Legislative bill overview

HJR 35 proposes a constitutional amendment that would strip Texas legislators of their salary, per diem payments, and mileage reimbursements when their chamber lacks a quorum due to unexcused absences. The amendment would effectively penalize the entire legislative body financially when members fail to show up without justification, making it a collective accountability measure tied to attendance.

Why is this important

This proposal directly addresses legislative attendance and quorum maintenance, which are foundational to functioning government. If enacted, it could incentivize lawmakers to attend sessions and participate in governance, but it also raises questions about compensation fairness and the practical mechanics of determining which absences are "excused" versus "unexcused."

Potential points of contention

  • Definition ambiguity: The bill doesn't specify who determines what constitutes an "excused" absence, creating potential for disputes between leadership and members, and possible arbitrary enforcement
  • Collective punishment concerns: All legislators lose compensation when a quorum is lacking, meaning members present and participating would be penalized for others' absences—raising fairness questions
  • Practical workability: Frequent quorum losses could make the Texas Legislature difficult to fund or operate; members might challenge enforcement in court, creating legal uncertainty
  • Impact on representation: Lower-income legislators might be disproportionately harmed, potentially reducing economic diversity in the legislature and discouraging working-class candidates

Compiled from official sources — confirm details with the bill’s official record.

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