The state House of Representatives approved a new map during the first days of the
session, but the state Senate could not even consider a map because of the chamber's two-thirds
rule, a long-standing tradition requiring two-thirds of the members to support a bill for it to be
considered. The strategy of the Democratic Party in the days leading up to the special session
was to assure party unity in opposing any consideration of redistricting, as Republicans were one
seat shy of the two-thirds majority it needed to dictate on redistricting.
Lieutenant
Governor
David
Dewhurst, frustrated with the failed first special session,
announced that if there were a second session, he would dispense with the two-thirds rule.
Furthermore, seeking to avoid another walkout by Democrats, the legislative leadership called
the beginning of the second session within a half hour of the ending of the first special session.
Senate Democrats, wise to the legislative technique, were prepared and eleven of the twelve fled
to Albuquerque, New Mexico, vowing that they would return only when Dewhurst promised to
reinstate the two-thirds rule. What followed was a month-long standoff with both parties
portraying the other as irresponsible villains.
positions in the media,
the Democrats filed suit in U.S. District Court, seeking to prohibit law
enforcement agents from arresting them should they return to Texas and challenging the right of
the governor to call a special session on redistricting since the state a valid redistricting plan
through 2011 existed. The lawsuit was ultimately rejected by a three-judge federal court, which
Republicans retaliated by asking the Texas Supreme Court to compel the Albuquerque
Democrats to return and to fine them if they ignored such an order; the all-Republican Supreme
Court rejected the legislative leadership's request without comment.
8
Convention