On Friday, the Texas Supreme Court intervened and put a stop to Harris County’s “guaranteed income” pilot program. This move is expected to lead to the program being completely discontinued. (The Center Square)
Justice Jimmy Blacklock issued a 12-page ruling, granting the state’s motion to halt the program. The court ordered all payments to be prohibited until further notice.
The program has been halted twice now by the high court’s ruling.
According to The Center Square, Attorney General Ken Paxton filed an emergency request to the Texas Supreme Court in April, resulting in the court issuing an administrative stay to temporarily halt the implementation of Harris County’s “Uplift Harris” guaranteed income pilot program. The stay was granted to allow the court time to hear the case.
Back in June 2023, Harris County unveiled its plan to allocate $20.5 million in COVID-19 relief funds, which were received through the 2021 American Rescue Plan Act, towards providing 18 months of unconditional $500 monthly cash payments to 1,928 Harris County residents. Despite the federal government’s condition that the funds must be used for COVID-19-related programs only, the Democratic-controlled Harris County Commissioner’s Court approved the initiative.
State Senator Paul Bettencourt, a Republican from Houston, raised concerns in January about the legality of the program. He urged Attorney General Paxton to provide a formal opinion on the matter. In response, Paxton filed a lawsuit in April to halt the program.
In February, the number of Harris County residents applying to participate had exceeded 82,000. By April, the county had selected participants who were scheduled to receive their first payment on April 24th.
In the lawsuit, Paxton contends that Uplift Harris is in violation of the Texas Constitution, which specifically forbids any political subdivision or corporation in the state from providing public funds or benefits to any individual or group.
Initially, Paxton faced two consecutive defeats in court. The 165th District Court and the 14th Court of Appeals both rejected his plea for a temporary injunction, siding with Harris County. Subsequently, Paxton took the matter to the Texas Supreme Court and filed an emergency appeal. In April, the court temporarily suspended the program, forbidding the disbursement of any payments.
Paxton secured another victory on Friday, effectively preventing any further payments from being processed.
According to the ruling made by Justice Blacklock, the State’s request for temporary relief should be approved. The constitutionality of the Uplift Harris program has been questioned by the State, and although the merits have not been determined yet, serious doubts have been raised. If payments were to begin while the appeal is ongoing, the potential violation of the Texas Constitution could not be reversed or rectified.
Towards the end of the decision, he highlights that Harris County has no intention of monitoring the allocation of funds, which poses the risk of potential misuse for unlawful activities.
According to the writer, Uplift Harris is offering a stipend through a lottery system with no strings attached. The writer expresses concern over the lack of public control over the funds once they are distributed, as well as the absence of monitoring on the recipients’ daily expenditures. This raises questions about whether the County will know how the recipients use the money, and whether it serves any legitimate public purpose.
According to the application, the usage of funds must strictly exclude terrorism, fraud, or any other malicious activities. However, there is no clear indication that the County has the capability or intention to enforce these restrictions or effectively oversee the expenses of the recipients. A County official has even testified that the program is not designed to scrutinize the recipients’ spending habits.
Christian Menefee, the Harris County Attorney defending the program in court, argued that it serves a “public purpose” and, therefore, does not violate the Texas Constitution. However, the recent ruling by the judge contradicts this claim.
Paxton immediately reacted to the ruling by stating that Harris County’s guaranteed income plan is a blatant violation of the Texas Constitution. He also acknowledged the intervention of the Texas Supreme Court, which has halted this misuse of taxpayer money and abuse of power until the case is resolved.
According to Menefee, he found the ruling to be a letdown, and he didn’t agree with it.
According to him, the GOP’s approach towards similar programs across the country could be affected by the recent ruling. He emphasized that the government’s responsibility includes providing assistance to those in need, which is why such programs are implemented at state and national levels. However, if the ruling is implemented, it could potentially lead to the termination of Uplift Harris in its current form.
In his statement, he emphasized that his team is committed to advocating for the welfare of the people of Harris County and preserving their right to local control.
According to Justice Blacklock, the case is currently being reviewed by two lower courts. The state’s appeal regarding the 14th Court of Appeals’ rejection of a temporary injunction is still pending and is expected to be resolved promptly. Additionally, he mentioned that the decision made by the appeals court could be challenged in the Texas Supreme Court.
