In a decisive legal move, Texas Attorney General Ken Paxton has secured a stay preventing Harris County from implementing a controversial “guaranteed income” program. The decision comes after the County attempted to circumvent a Texas Supreme Court order halting the distribution of public funds under a similar initiative.
Background of the Controversy
In April 2024, Attorney General Paxton filed a lawsuit to stop Harris County’s original “guaranteed income” program, which aimed to distribute public funds to individuals with no conditions attached. Paxton argued that the program was unconstitutional, as the Texas Constitution explicitly forbids counties and other political subdivisions from granting public money to individuals. The Texas Supreme Court agreed, issuing an order that paused the program and barred Harris County from distributing any funds while litigation over the issue proceeded.
Despite this, the Harris County Commissioners Court attempted to revive the initiative by enacting a nearly identical program. The new program not only mirrored the original but also introduced significantly increased administrative costs. This move prompted Paxton to file another lawsuit, which has now resulted in a second stay preventing Harris County from implementing the program.
Constitutional Concerns
The Texas Constitution’s prohibition on using public money to aid individuals was central to the Supreme Court’s earlier decision. In its ruling, the Court noted that the State had raised “serious doubts about the constitutionality of the Uplift Harris program,” and emphasized that distributing funds before resolving the appeal could result in irreparable harm.
Attorney General Paxton’s Response
“Harris County is not above the law and cannot ignore the Texas Constitution,” said Attorney General Paxton in a statement. “They made a blatant attempt to end-run a Texas Supreme Court ruling by duplicating their unlawful handout program, and we have successfully blocked them yet again.”
Paxton criticized Harris County’s actions as a direct challenge to the rule of law, asserting that the County’s attempt to restart the program disregarded both the constitutional concerns raised by the State and the binding orders of the Texas Supreme Court.
The Legal and Financial Implications
Harris County’s efforts to revive the program also drew scrutiny for their increased administrative costs, which critics argue would further burden taxpayers. The original program’s constitutionality remains under legal challenge, and the new program’s failure to address these concerns has only intensified the dispute.
The stay issued by the court ensures that no public funds will be distributed under either version of the program until the underlying legal issues are resolved. This development marks another significant victory for the Attorney General in his efforts to uphold the constitutional limits on government spending.
Looking Ahead
As litigation over the original program continues, the case highlights broader questions about the role of local governments in addressing income inequality and the legal limits on their authority to use public funds. For now, the court’s decision reaffirms that even local initiatives must align with the state’s constitutional framework.
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