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Paxton fails to obtain TRO in suit against Harris County over ‘guaranteed income’ program

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

Paxton fails to obtain TRO in suit against Harris County over ‘guaranteed income’ program

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Menefee | Harris County

HOUSTON – A district court has denied the state’s request to temporarily block Harris County from disbursing funds to families participating in Uplift Harris, a guaranteed basic income pilot program. 

Earlier this month, Attorney General Ken Paxton sued the county for instituting its program, which he argues redistributes public money in a manner that allegedly violates the Texas Constitution. 

“Today’s decision is a big win for Harris County residents,” said Harris County Attorney Christian D. Menefee. “Families in Harris County are being attacked by Republican state officials. Plain and simple. It’s shameful. Giving people the tools they need to lift themselves out of poverty is both morally sound and good public policy. 

“It’s ridiculous that politicians in Austin would be traveling to Harris County just to block us from helping people.”

Announced by Harris County Judge Lina Hidalgo in 2023, the program would randomly select 1,928 eligible Harris County residents by lottery to receive $500 cash payments for 18 months with “no strings attached.” 

The money comes from the $20.5 million the county received through the 2021 American Rescue Plan Act. 

Paxton maintains that the Texas Constitution expressly forbids “any county, city, town or other political corporation or subdivision of the State … to grant public money or thing of value in aid of, or to any individual.” 

He further asserts that Harris County’s “lottery-based handout” violates the Texas Constitution because the selection of recipients is inherently arbitrary.

Harris County has responded that each applicant had to meet income and geographic restrictions, and randomized selection of qualified applications does not violate the Texas Constitution. 

The state is expected to appeal and request that the Texas Supreme Court step in and block the program during the pendency of the case. Justices will most likely be asked to make that decision as soon as possible, given that the county is scheduled to disburse Uplift Harris funds on April 24.

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