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Attorney General Paxton sues Harris County over “Uplift Harris” welfare program, alleging constitutional violations in use of federal funds and noncitizen eligibility.
Harris County’s Welfare Lotto Gets Sued
The legal landscape in Texas is heating up as Attorney General Ken Paxton has taken a step by filing a lawsuit against Harris County. This legal action is in response to the implementation of a controversial “guaranteed income” program, which has raised constitutional concerns and stirred widespread public debate.
In 2023, Harris County Judge Lina Hidalgo introduced the initiative, which involves the random selection of 1,928 eligible residents to receive $500 cash payments over an 18-month period, without any conditions attached. The program, funded with $20.5 million allocated through the 2021 American Rescue Plan Act for COVID-19 relief efforts, has come under intense scrutiny. The Attorney General’s office contends that the use of public funds for this initiative goes against the intent of the federal aid package.
Adding to the controversy is the revelation that certain classifications of noncitizens are also eligible for the cash payments, fueling further debate. Specifically referencing clauses of the Texas Constitution, the Attorney General’s office argues that the program’s structure and distribution of public funds violate constitutional provisions prohibiting the granting of public money or value to individuals and stressing the equal rights of all citizens. The utilization of a lottery system for the selection of recipients is cited as a breach of limitations imposed on county governments in accordance with the state constitution.
Attorney General Paxton strongly emphasizes the unconstitutional nature of the program, stating, “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’s Welfare Handout Alleged Unconstitutional
The background leading up to this lawsuit against Harris County over the controversial welfare initiative stems from the county’s implementation of the “Uplift Harris” guaranteed income program, which directly contradicts the legal framework governing the powers of counties in Texas.
Unlike home-rule cities that possess extensive powers not inconsistent with constitutional provisions or legislative mandates, counties in Texas are bound by a more constrained legal basis for their actions. The powers given to counties and commissioners courts are specific duties rather than privileges, to be exercised within the confines of the Texas Constitution or statutes.
The Harris Handout, unveiled on June 5, 2023, by Harris County Judge Lina Hidalgo and the executive director of HCPH, Barbie Robinson, allocated $20.5 million received from the American Rescue Plan Act (ARPA), a COVID-19 relief package. This funding was intended for pandemic-related issues, yet the Harris Handout program distributed $500 monthly cash payments to 1,928 residents for 18 months, without any eligibility restrictions or criteria for the utilization of the grant.
The random selection process for recipients, including noncitizens, and the lack of specific guidelines for the utilization of funds raised constitutional concerns and sparked widespread debate. Harris County selected recipients using a lottery system, which was flagged as unconstitutional by the Texas Attorney General’s office.
The initiation of the “Uplift Harris” initiative, its funding, selection process, and dispersal of public funds diverged from the permissible powers of the Harris County commissioners court as prescribed by the Texas Constitution and statutes. The disregard for legal constraints and the allocation of federal funds for a purpose unrelated to pandemic relief prompted legal action from the Texas Attorney General, setting the stage for a critical examination of public financial distribution and constitutional mandates. This lawsuit signals a pivotal moment in the ongoing debate over the use of public funds and the extent of county powers in Texas.
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