On Friday, the Texas Supreme Court ruled against Harris County’s new income pilot program, Uplift Harris, that prevents the county from sending financial assistance to in-need families. The ruling is the latest volley in a political match with Texas Attorney General Ken Paxton and extends a preliminary pause put on the program in April.
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Justice Jimmy Blacklock wrote the ruling. In it, the justice questions Harris County’s argument that Uplift Harris would spur economic development.
“We remain skeptical of the County’s argument that a program of unmonitored, ‘no strings attached’ cash payments to individuals serves ‘the public purposes of development and diversification of the economy of the state’ as envisioned,” Blacklock stated in the ruling. “This is quite unlike a food stamp program, a housing voucher, or a medical care program, in which the public funds can only be directed to their intended purpose. It appears that, for all practical purposes, there truly are ‘no strings attached,’ and we are directed to no precedent indicating that a government in Texas may make such payments without running afoul of our Constitution’s restrictions.”
In April, Paxton asked the Texas Supreme Court to intervene after two lower courts stopped his effort at blocking the program. He had sued the county earlier that month, calling the program “plainly unconstitutional.” He argued Uplift Harris violates a part of the Texas Constitution.
Justices granted Paxton’s request on April 23 to halt the payments while a legal fight over the county’s guaranteed income pilot program plays out. About 1,900 households residing in the county’s poorest neighborhoods would receive monthly, no-strings-attached cash payments of $500 — drawn out of $20.5 million in federal COVID-19 relief funds — for 18 months.
County officials have defended Uplift Harris, aimed at helping households in the county’s 10 poorest ZIP codes who are living below 200% of the federal poverty line, as a legitimate use of public funds.
Other Texas localities — Austin, San Antonio and El Paso County — have experimented with guaranteed income programs in recent years. Last week, the Austin City Council voted to restart the city’s program, which it piloted in 2022.
Harris County Attorney Christian D. Menefee issued the following statement below:
“I am extremely disappointed by the Texas Supreme Court’s decision today,” said Harris County Attorney Christian D. Menefee. “Uplift Harris is a poverty alleviation program modeled on other guaranteed income programs across the country. Local governments exist in part to help the less fortunate among us, and the Supreme Court’s ruling effectively ends a program that has proven to be highly successful at allowing lower income folks to lift themselves out of poverty.”
“The ruling also sets a dangerous precedent—most state constitutions have bans on gifting public funds, but no other state court has barred guaranteed programs on those grounds. And of course, they haven’t, because those bans are there to stop cronyism and gratuitous gifts of tax dollars. They aren’t intended to stop governments from providing public benefits. This ruling creates a playbook for conservatives who want to stop the government from fulfilling one of its core functions.”
Harris County Judge Lina Hidalgo released the following statement:
“I am also concerned about precedent. We’ve seen time and time again that each time Texas Republicans take a step, no matter how egregious, Republican leaders around the nation match it. This ruling is a loss not just for Harris County and Texas, but for jurisdictions across the nation that have found success with similar programs but live in Republican-led states.”
Ken Paxton also released the following statement:
“Harris County’s guaranteed income scheme is a clear and flagrant violation of the Texas Constitution,” said Attorney General Paxton. “SCOTX has stepped in and put a stop to this abuse of power and unlawful use of taxpayer money while the case continues.”
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