Ken Paxton

Texas AG Ken Paxton suing Austin over recently approved abortion travel fund

Plaintiff's claim "There is no 'clear public benefit' that the City of Austin will receive by using taxpayer money to undermine Texas law"

Texas Attorney General Ken Paxton, May 2024.
NBC 5 News

Republican Texas Attorney General Ken Paxton is suing the city of Austin to block what he says is an "unlawful" use of taxpayer money to help women obtain out-of-state abortions, his office says.

The city's approved financial budget for 2024-2025 allotted roughly $400,000 to its "Reproductive Health Grant," which covers residents' travel costs, such as airfare, gas or ride-share expenses, hotel stays, childcare, and food, to states that allow abortions.

An announcement from the attorney general's office on Friday stated that this use of public funds violated the Texas Constitution's Gift Clause, which states that the legislature "has no power to authorize any county, city, town or other political corporation" to use public funds to help an individual.

Paxton's office requested a temporary restraining order to halt all fund distributions until the lawsuit was completed.

They also asked the court for a temporary and permanent ruling prohibiting Austin from using public funds on 'logistical' expenses for abortions.

In the lawsuit's filing, plaintiff and Austin resident Mary Ann Teel, along with the State of Texas, said, "There was no 'legitimate public purpose' in expending taxpayer dollars to assist women in procuring elective abortions..."

The filing also listed additional regulations supporting their suit, including The Human Life Protection Act and the overturn of Roe v. Wade.

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β€œNo city in Texas has the authority to spend taxpayer money in this manner. In this case, the City of Austin is illegally seeking to use public funding to support travel expenses for out-of-state abortions,” said Paxton. β€œThe Texas Constitution prohibits governmental entities from doing so.”

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