09/20/2026
KEN PAXTON’S OFFICE TO TEXANS: YOU COULD HAVE A CONSTITUTION. JUST DON’T TRY TO ENFORCE IT AGAINST THE TEXAS HOUSE.
That was the practical position the Texas Attorney General’s Office put before a Texas court in our lawsuit against the Texas House.
We sued the Texas House of Representatives, Speaker Dustin Burrows, Chief Clerk Stephen Brown, Rep. Cecil Bell Jr., and Rep. Cole Hefner seeking judicial enforcement of provisions of the Texas Constitution governing quorum, legislative journals, and representative government.
We asked a court to determine whether state officials complied with the Constitution and to order prospective relief where they did not.
Paxton’s office responded with four words:
“Sovereign immunity bars this lawsuit.”
Not buried in fifty pages of argument. That was the entire sovereign-immunity section.
And Paxton’s office filed it twice—once for the Texas House itself and again for Burrows, Brown, Bell, and Hefner in their official capacities. In both filings, the State then asked the court to dismiss all of our claims.
Think carefully about what that means.
Texans alleged that their own elected legislative officials violated the Texas Constitution. Texans went to a Texas court asking for enforcement of that Constitution. And the Attorney General’s response was: sovereign immunity, dismiss the case.
There is a serious problem with treating the monarchial doctrine of “sovereign immunity” as a constitutional force field.
The Texas Supreme Court had expressly held that this alleged “sovereign immunity” “does not preclude prospective injunctive remedies in official-capacity suits against government actors who violate statutory or constitutional provisions.” City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009).
The Court explained that ultra vires suits did not attempt to control the State; they sought to “reassert the control of the state” by requiring officials to obey existing law.
And in Phillips v. McNeill, the Texas Supreme Court described the principle behind those limits on immunity in even more fundamental terms: government was subordinate to law, and those exercising governmental power had to respect its limits.
That should have mattered because the Texas Constitution did not say political power was inherent in the House, the Speaker, or the Attorney General.
It said:
“All political power is inherent in the people.”
Tex. Const. art. I, § 2.
And Article III did not politely suggest that the House maintain a quorum and keep a journal. It commanded that two-thirds constitute a quorum and that each House “shall keep a journal of its proceedings.”
So here was the question Texans should have been asking:
If the Texas Constitution binds the Legislature, who enforces it when the Legislature itself is accused of violating it?
Because “sovereign immunity bars this lawsuit” could not be permitted to quietly become:
“The Constitution binds everyone—except the government officials you are trying to make obey it.”
That was exactly why we forced this issue into court.
Cause No. D-1-GN-25-002906
Collier, Clark, & Harguess v. Texas House of Representatives, et al.
455th Judicial District Court, Travis County, Texas