AUSTIN (KXAN) A Texas legislator who spent the night in the Texas Capitol’s House chamber on Monday has initiated legal action as part of her protest, state online records. The lawsuit argues that Rep. Nicole Collier is being unlawfully detained.
The lawsuit states, “Representative Collier is being restrained due to an order from the Speaker of the House, which places her under the supervision of law enforcement ahead of the session scheduled for Wednesday, August 20, 2025.”
Collier is refusing to leave the chamber because she would need to be monitored by a Department of Public Safety escort should she do so.
Prior to adjourning on Monday, House Speaker Dustin Burrows, R-Lubbock, instructed that the chamber doors be locked, insisting that members need written authorization to exit. Moreover, extra conditions were imposed on Democrats who disrupted quorum, with arrest warrants issued against them. Burrows specified that such members could only obtain written exit permission once they consented to be placed under the supervision of a designated Department of Public Safety officer, who would ensure their return to the House by 10 a.m. on Wednesday.
State Rep. Nicole Collier, D-Fort Worth, refused and was therefore not allowed to leave.
“We have engaged a lawyer to pursue a court injunction that would enable us to be free of DPS escorts or monitoring,” Collier shared with NBC’s Ryan Chandler. “We’re hopeful for a favorable outcome, so that we aren’t detained for long. Nonetheless, I’m resolved and unwavering in my belief that this measure is unjust, and I’m committed to my stance.”
In a symbolic public action on Tuesday afternoon, several House Democratic members tore up their required exit permission slips, vowing to join Collier in staying overnight in the chamber again on Tuesday, as stated in a news release.
Rep. Brian Harrison (R-Midlothian) criticized the lawsuit, stating, “She’s ensnared by little more than her own fantasies. This is akin to poor theatrical performance at an elementary or junior high level. Truly, it’s just theater and nothing more.”
‘We conclude that it does’: Supreme Court ruling from 2021
Several years ago, members of the Texas House of Representatives fled the state to deny the House quorum to prevent voting legislation they disagreed with in a special session.
“They fled the state to escape the jurisdiction of the House, whose internal rules provide that absent members may be ‘arrested’ and their attendance ‘secured and retained,'” a 2021 Supreme Court opinion explained.
Nearly a month after leaving the state, those lawmakers sued “seeking an injunction prohibiting their arrest.”
The Supreme Court ultimately ruled against those members.
“The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members. We conclude that it does,” that ruling said.
