Texas Attorney General Ken Paxton announced Tuesday a lawsuit against Harris County for its guaranteed income program.
The program, which was launched by earlier this year, will provide nearly 2,000 households with an income below 200% of the federal poverty level with $500 monthly payments for 18 months. Two hundred percent below the federal poverty line is equivalent to a family of four earning a $60,000 yearly income.
Paxton said in a press release that the 鈥渦nlawful鈥� program 鈥渞edistributes public money in a manner that violates the Texas Constitution.鈥�
Funding for the program comes from the American Rescue Plan Act, which the county received for COVID relief initiatives. Other U.S. cities with a guaranteed income program have used ARPA funds to pay for the program.
鈥淭he program was met with additional backlash when it was announced that certain classifications of noncitizens would be eligible for the handouts,鈥� Paxton said.
In January, Harris County Judge Lina Hidalgo said at a commissioners court meeting that undocumented residents were not eligible to apply.
鈥淯nfortunately, we won鈥檛 be able to, because this program is with federal funds, we won鈥檛 be able to offer this program to the undocumented population,鈥� she said.
Those chosen would be able to use the money for anything, as long as it鈥檚 legal, according to Harris County. When applications closed in February, more than 82,000 applications had been submitted About 90% of those applications were identified as Black or Hispanic households.
鈥淭he Texas Constitution expressly 鈥榓ny 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鈥�,鈥� Paxton said. 鈥淗arris County's program to give public money away with no conditions, no control over expenditure of that money, and no guarantee of public benefit is prohibited.
鈥淭he Constitution also provides that everyone has 鈥榚qual rights, and no man, or set of men, is entitled to exclusive separate public emoluments.鈥� This lottery-based handout violates the Texas Constitution because the selection of recipients is inherently arbitrary. County governments have limited authority to act and, like all governments, can only act in accordance with the Constitution. Harris County has exceeded that authority.鈥�
This move from Paxton comes as little surprise after .
"This scheme is plainly unconstitutional," Paxton said. "Taxpayer money must be spent lawfully and used to advance the public interest, not merely redistributed with no accountability or reasonable expectation of a general benefit. I am suing to stop officials in Harris County from abusing public funds for political gain."
Harris County Attorney Christian D. Menefee, who will represent the defendants in the suit, said the lawsuit is 鈥渘othing more than another attack on Harris County government by Republican state leaders looking to make headlines.鈥�
鈥淭his program is about helping people in a real way by giving them direct cash assistance鈥攕omething governments have always done. I cannot for the life of me understand why any public servant would be opposed to that,鈥� Menefee said in a statement from his office. 鈥淲hen corporations are given taxpayer dollars Republican leaders in Austin call it 鈥榚conomic development鈥�. When governments use federal dollars to actually help people, Republican leaders in Austin call it socialism.鈥�
Menefee said the hearing for the state鈥檚 request for an immediate ruling to block Harris County from beginning to make payments under the program will take place in the next few weeks.
鈥淚 will vigorously defend the county and this program in court,鈥� Menefee said.
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