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Published on April 24, 2024
Texas Supreme Court Temporarily Blocks Harris County's "Guaranteed Income" Scheme on Constitutional GroundsSource: Google Street View

Texas Attorney General Ken Paxton has put a momentary halt to Harris County's "guaranteed income" program, thanks to a successful appeal to the Supreme Court of Texas. According to a press release from Paxton's office, the state's high court stepped in to pause distributions of public money through a scheme that Paxton claims is in violation of the Texas Constitution. This constitution specifically forbids counties or other political subdivisions from giving public money in aid to individuals.

The controversial program had been set to provide 1,928 selected residents with $500 monthly cash payments for a year and a half, with no strings attached. Harris County's plan did not restrict eligibility to U.S. citizens; noncitizens were also among those who could benefit from this public funding. Paxton's legal challenge comes after both a trial court and a court of appeals failed to immediately grant an injunction to stop the payouts. In response, the Office of the Attorney General swiftly turned to file an emergency motion with the Supreme Court of Texas, the intent being to quickly stop the payments while the legal debate continues in the lower courts.

In a statement, Attorney General Paxton expressed his approval of the SCOTX's decision, saying, "I’m pleased the Supreme Court of Texas has blocked Harris County from disbursing these unlawful payments," and conveyed his eagerness to "continue to defend our Constitution and preventing this egregious misuse of taxpayer money." The Supreme Court's administrative stay is temporary, pending further responses from Harris County, which is required by April 29.

The state's judiciary appears to take seriously the claims that Harris County might be in breach of constitutional mandates regarding public finance. The outcomes here could potentially reverberate beyond the local level, positing Texas as a battleground for the broader national debate on the growth of social welfare benefits and the redefinition of public assistance. As things stand, Harris County's program is on ice and could potentially thaw out pending more in-depth judicial review, or remain frozen should the courts decide to uphold the stop permanently.