Texas Attorney General Ken Paxton filed a lawsuit on Tuesday against Harris County over its guaranteed income program—which is designed to help low-income households—calling it an “illegal and illegitimate government overreach.”
Mr. Paxton said the program, which would provide $500 cash payments to 1,928 residents for 18 months with “no strings attached,” gives out public money in a manner that violates the Texas Constitution.
According to his office, the Texas Constitution prohibits “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 added, “I am suing to stop officials in Harris County from abusing public funds for political gain,” describing the program as “plainly unconstitutional.”
The county funded the program using the $20.5 million it received from the 2021 American Rescue Plan Act, which was specifically intended to be used for COVID-19 relief initiatives.
Those who qualify for the program must have a household income below 200 percent of the federal poverty line and need to live in one of the identified high-poverty zip codes.
However, Mr. Paxton claimed that the lottery-based handout violates the Texas Constitution because the selection of recipients is “inherently arbitrary” and gives “public money away with no conditions, no control over expenditure of that money, and no guarantee of public benefit.”
“There is no such thing as free money—especially in Texas. The Texas Constitution expressly prohibits giving away public funds to benefit individuals—a common sense protection to prevent cronyism and ensure that public funds benefit all citizens,” the suit reads.
Harris County AG Vows to Defend the Program
Harris County officials pushed back on Mr. Paxton’s lawsuit, which seeks a temporary restraining order to stop the program. The first payments were set to be distributed as early as April 24.Harris County Attorney Christian Menefee defended the program, claiming that it was meant to help people “in a real way by giving them direct cash assistance—something governments have always done.”
This lawsuit is the latest legal battle in recent years between Harris County, the state’s biggest Democratic stronghold, and the GOP-dominated state government.
Elections in the nation’s third-most populous county have been scrutinized in recent years. In 2023, the Texas Legislature passed new laws seeking more influence over Harris County elections.
