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Uplift Harris program is unconstitutional, expert says

Attorney General Ken Paxton filed suit against Harris County over the guaranteed income program offering $500 a month for 18 months to local residents.

HARRIS COUNTY, Texas — The Uplift Harris program is at the center of a legal fight.

The program is designed to provide eligible families with $500 a month for 18 months. However, the program could all come to a halt. On Tuesday, Texas Attorney General Ken Paxton filed a lawsuit against Harris County.

"The Texas Constitution expressively prohibits giving away public funds to individuals," the lawsuit says.

Harris County Attorney Christian Menefee doesn’t agree.

"They are wrong on the law. They are wrong on the facts of the program," Menefee said.

Harris County Judge Lina Hidalgo said she also believes the county is in the right.

"I am afraid the chances are less than 50% that we will win. Not that we are not right, but because it is political," Hidalgo said.

Mark Jones is a political expert at Rice University.

"There is an article in the constitution that prohibits funds to be given to individuals for private gain. This would be a case where these individuals are receiving funds from the county with no accountability on how they will be used. With no real selection criteria other than this random selection process," Jones said.

Jones said cities have more free range to do social programs similar to Uplift Houston. However, the counties are much more restricted under the Texas Constitution, even if it is federal money.

"I think the attorney general is probably on pretty solid ground when he moved to block this program. I think Harris County will backtrack and try to figure out another way to benefit its poorest residents," Jones said.

Commissioner Tom Ramsey issued this statement: "As I’ve stated before, distributing these funds to select individuals based on arbitrary criteria with no spending restrictions is bad public policy. This $20M dollars should be spent on addressing issues that the county has jurisdiction over, such as the jail.

"Using tax dollars to create new programs that benefit only a few - when we can’t even take care of the programs we already have - is irresponsible.

"It should come as no surprise that the state of Texas is having to step in and enforce the law because in Harris County, we have leadership who has trouble following it.”

Harris County Precinct 1 Commissioner Rodney Ellis said the county is ready to help and fight for those low-income families.

"We will go as far as we can under the rules of engagement. These are hard-working people in Texas who just want an opportunity," Ellis said.

On Wednesday, Menefee will hold a press conference with Hidalgo and Ellis to discuss the next steps with the program.

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