Judge argues residents getting 'great joy from traveling' on government funds is a 'public benefit'
Texas state lawmaker challenges ‘lottery socialism’ of guaranteed income program launched in Harris County
State Sen. Paul Bettencourt told Fox News Digital that a guaranteed income program should be unconstitutional and wants Attorney General Ken Paxton to weigh in.
A Houston district judge on Thursday shot down Texas Attorney General Ken Paxton’s attempt to block a guaranteed income program.
In Harris County’s 165th Civil Court, Judge Ursula Hall struck down Paxton’s arguments that the Uplift Harris program, which distributes monthly stipends to more than 1,900 low-income residents, is unconstitutional.
"If the program does include a public benefit, it does not violate the constitution," Judge Hall said, per Houston Landing.
The attorney general’s lawyers had tried to argue that taxpayer money must be used in the public interest for a general benefit, asking, "If someone lost it (their stipend) gambling in Vegas, what’s the benefit to Harris County?"
"What if the community member got great joy out of traveling, wouldn’t that be a benefit?" Hall replied. "Or what if they won big in Vegas, brought that money back to Harris County and spent it? Wouldn’t it benefit the county then?"
Texas Attorney General Ken Paxton (Dylan Hollingsworth/Bloomberg via Getty Images)
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The Uplift Harris program passed by a vote of 4-1 in Harris County Commissioners Court last year. Uplift Harris is a guaranteed income pilot that would allow participating households to receive $500 per month for 18 months. The program began on January 12, 2024, and is available to 1,924 applicants.
Paxton’s lawsuit sought an "immediate ruling to block Uplift Harris from beginning to make payments under the program."
Harris County Attorney Christian Menefee who is the defendant in the case, said that he expects Paxton to appeal directly to the Texas Supreme Court.
"Given what we’ve seen from that court and Republican politics, I am skeptical that we will get a fair shake. But I plan to do everything I can to protect this program," Menefee said in a statement.
"Today’s decision is a big win for Harris County residents. Families in Harris County are being attacked by Republican state officials. Plain and simple. It’s shameful. Thankfully, today a court backed Harris County and refused to block Uplift Harris," Menefee said.
"Helping families in need is a proper use of government funds. Giving people the tools they need to lift themselves out of poverty is both morally sound and good public policy. It’s ridiculous that politicians in Austin would be traveling to Harris County just to block us from helping people," he added.
A Harris County attorney defended a guaranteed income program that’s been targeted in a lawsuit filed by Texas Attorney General Ken Paxton on Monday. (Harris County attorney general's office/Dylan Hollingsworth/Bloomberg via Getty Images)
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The program received over 59,000 applications, a local FOX affiliate reported in January. The applicants were selected "randomly" through a lottery process, according to the county website.
County officials will fund the program with the $20.5 million received through the 2021 American Rescue Plan Act, which was intended to be used for COVID-19 relief initiatives.
But those who receive the funds will receive them with "no strings attached," according to Paxton.
"This scheme is plainly unconstitutional," Paxton said in a press release. "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."
Fox News Digital previously interviewed Republican State Sen. Paul Bettencourt, who sent a letter to Paxton about "Uplift Harris," leveling similar claims.
A Texas state lawmaker believes that a universal income program pushed on the county level is unconstitutional. (Fox News Digital)
Austin, Texas, recently launched a guaranteed income program to address housing insecurity in the city. Other cities throughout the U.S. are considering similar programs.
Fox News' Greg Wehner contributed to this report.
Joshua Q. Nelson is a reporter for Fox News Digital.
Joshua focuses on politics, education policy ranging from the local to the federal level, and the parental uprising in education.
Joining Fox News Digital in 2019, he previously graduated from Syracuse University with a degree in Political Science and is an alum of the National Journalism Center and the Heritage Foundation's Young Leaders Program.
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