Texas State Rep. Nicole Collier, a Fort Worth Democrat and veteran legislator, has filed a habeas corpus petition in state court alleging she is being subjected to “illegal confinement” inside the Texas Capitol after refusing to comply with Republican leadership’s order to remain under 24-hour police supervision.
Collier, who previously chaired the Texas Legislative Black Caucus, spent Monday night sleeping on the House floor, posting images of herself in a bonnet and sleeping mask as a symbol of defiance.
The standoff stems from her refusal to sign what she described as a “permission slip” that would have placed her under the constant escort of the Texas Department of Public Safety.
Her attorneys argue that the Texas Constitution and House rules only permit civil arrest of lawmakers who are absent when a quorum is required—not confinement of members who are already present. The habeas petition seeks immediate release from what Collier calls unlawful restraint by the House Sergeant-at-Arms and an injunction against any further attempts to detain her.
“The plain language is clear,” the filing states. “A member may be compelled by the Sergeant-at-Arms to attend a legislative session if he or she is physically absent, but no such power is conferred on the Legislature to arrest or otherwise compel a member who is currently present (and not absent) to stay.”
The dispute comes as Republicans, bolstered by President Donald Trump’s endorsement, prepare to advance a mid-decade redistricting plan widely expected to benefit their party in upcoming congressional elections.
The effort was delayed earlier this month after dozens of Democrats left Texas in protest, denying the House a quorum. Governor Greg Abbott has since called another special session beginning Wednesday.
Rep. Charlie Geren, R-Fort Worth, who chairs the House Administration Committee, told Collier that if she left the Capitol she would be “subject to arrest,” according to the habeas filing. Republican leaders have not yet publicly responded to Collier’s lawsuit.
The case highlights broader constitutional questions surrounding legislative privilege, quorum enforcement, and the limits of civil arrest powers in Texas.
Collier, a seven-term lawmaker, says her resistance is not just about her individual rights, but about protecting the rule of law against what she views as intimidation tactics.
“This is a fight for our rights,” she said. “I refuse to comply with this unreasonable, un-American and unnecessary request.”
The Texas House is scheduled to reconvene on Wednesday morning.
A ruling on Collier’s habeas petition could determine whether lawmakers can be compelled to remain inside the Capitol against their will.
