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A state appeals court on Monday ruled Harris County’s guaranteed income program may move forward, paving the way for checks to be sent out to low-income residents as soon as Wednesday.
An appeal by Attorney General Ken Paxton to the Texas Supreme Court is expected, county officials said Monday morning.
Harris County Attorney Christian Menefee said he would continue to fight for the Uplift Harris program against what he called a politically motivated lawsuit.
“I don’t think this is about the legal arguments,” Menefee said during an interview Monday. “This is about trying to undermine local elected officials.”
Paxton filed an emergency motion to block the payments with Texas’ 14th Court of Appeals last week after Harris County Judge Ursula Hall ruled the Uplift Harris program could move forward. A three-judge panel voted 2-1 to reject Paxton’s motion, according to the order.
The county plans to give monthly $500 stipends to more than 1,900 low-income residents using $20.5 million using federal American Rescue Plan Act funds.
The county could begin distributing the stipends as soon as Wednesday.
“Ken Paxton has lost again in his merciless crusade to rob working families of critical support,” County Commissioner Rodney Ellis tweeted Monday morning. “1,900 people living in poverty hope to have their lives changed this week, and rest assured, we'll send payments on Wednesday unless the TX Supreme Court orders us otherwise.”
Paxton sued the county earlier this month, arguing the program violates Texas’ Constitution.
The monthly stipend would come with virtually no spending restrictions aside from prohibitions on anything that would harm the safety and security of others, involves criminal activity or supports terrorism.
At a hearing before the district court on Thursday, lawyers with the Attorney General’s Office argued the program violates the Texas Constitution’s prohibition on granting “public money or thing of value in aid of, or to any individual … whatsoever.” The office also argued the county’s use of a lottery violates the state constitution’s equal rights provision.
Lawyers for the county argued Paxton’s office had failed to prove the program would harm the state.
Paxton’s office did not immediately respond to a request for comment Monday.
Harris County was sued three months after state Sen. Paul Bettencourt sent a letter to the attorney general asking for an opinion on whether counties are allowed to offer guaranteed income programs.
Bettencourt tweeted Monday that he was following the case and expected the Supreme Court to weigh in.
Cindy Siegel, chair of the Harris County Republican Party, said she also expected the Supreme Court to address the “misguided initiative.”
“This program will have no long lasting effects to lift Harris County citizens out of poverty,” Siegel wrote in a statement. “This money should be spent on issues that will actually help improve Harris County residents’ lives, like providing additional resources to our county jail, instead of picking winners and losers.”
Menefee credited the Republican interest in killing the program to politics, pointing to recent clashes between Democratic county officials and state Republicans over Harris County’s elections administrator and the so-called “Death Star” bill aimed at preventing local governments from enacting progressive policy.
“The goal is to undermine county officials at every turn,” Menefee said. “Any time you see us take action in a meaningful way to help people, Republicans seem to take issue.”
Nearly 60 cities and counties across the country, including Austin and San Antonio, have launched similar programs. Neither of those two Texas cities — nor any others across the United States — have faced litigation.
While county officials and the attorney general sparred in state district court last Thursday, Austin’s city council approved a $1.3 million contract to continue its guaranteed income program.
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