A Texas state senator has raised concerns about the constitutionality of a Houston-area initiative that provides a $500 monthly stipend with no conditions.
Is Houston’s Stipend Program Legal?
State Sen. Paul Bettencourt penned a letter on January 12 to the state attorney general, seeking an opinion on whether counties have the legal authority to implement guaranteed income programs.
Legal Basis Questioned
Such programs, including Harris County’s Uplift Harris, which began accepting applications the same day, aim to support certain groups with a steady income.
48,000 Applications in Three Days
This initiative, which garnered over 48,000 applications in just three days, is funded by over $20 million from the federal COVID-19 relief through the American Rescue Plan.
Is Assistance Constitutionally Viable?
Bettencourt highlighted a clause in the Texas constitution that might restrict counties from allocating public funds for individual assistance.
Non-Home Rule City
Senator Bettencourt expressed skepticism to Houston Public Media about the Uplift Harris program, emphasizing that as a non-Home Rule city, Houston cannot independently enact laws.
Who Grants Program’s Authority?
“And I don’t see anywhere since I’ve been in office that the state has granted them authority to have a program like Uplift Harris,” he continued.
Who Chooses the “Lucky Winners”?
Uplift Harris targets specific high-poverty zip codes in Harris County, raising questions about the selection criteria and the fate of those not chosen. Bettencourt questioned, “Who’s picking the lucky 1,900 winners versus everyone else that’s technically a loser by definition?” h
What Happens When Funds Dry Up?
Bettencourt also raised concerns about the program’s sustainability, questioning, “What happens when that money runs out? Who is going to continue this program? And more importantly, there’s a lot of fundamental, basic questions about this program.”
Legal Defense of Uplift Harris
Meanwhile, Harris County Attorney Christian Menefee defended the legality of the initiative to the Houston Chronicle, accusing Bettencourt of prioritizing politics over the welfare of Harris County residents.
The Program Is “Legal”
“He’s more focused on political games and weaponizing government institutions than making life better for the people of Harris County,” Menefee said. “The county’s program is legal and we will make that clear to the Attorney General.”
Cities Adopting Income Pilots
The U.S. has seen a surge in guaranteed-income pilot programs, with monthly payments varying widely; some, like in Los Angeles and Baltimore, offer up to $1,000.
COVID-19 and Inflation
Harris County, despite its wealth, faces significant economic disparity, with 16.4% of its residents living in poverty, exacerbated by COVID-19 and inflation, according to the county’s website.
No Repayment Needed
The funds provided are not loans and don’t require repayment. These direct cash assistance programs have reportedly brought substantial social and financial benefits to families and communities across the nation.
Who Qualifies for Uplift Harris?
To be eligible for Harris County’s program, applicants must meet certain income and geographic criteria, with two cohorts for application.
Understanding the Process
The program is akin to universal basic income, which is distributed to individuals and families irrespective of their income, as explained by Professor Fabian Wendt from UNC-Chapel Hill, who views UBI as a foundational support rather than just a safety net.
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