Texas Attorney General Ken Paxton on Friday filed a
lawsuit against the City of Austin over a $400,000 taxpayer-funded grant to help residents travel out of state for abortions. The grant, part of Austin’s 2024-2025 budget, covers costs like airfare, hotels, gas, and childcare for women seeking the procedure.
In a press release, Paxton said, "No 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." He added, "The Texas Constitution prohibits governmental entities from doing so."
Paxton argued the grant violates the Texas Constitution’s "gifts clause," which prevents public funds from being used for private individuals. Paxton demanded a temporary restraining order to stop the distribution of funds while the case is ongoing.
Austin officials said in a statement that they have "successfully litigated this issue in the past and, similar to another lawsuit that raises this issue, will respond to the recent allegations through the appropriate court channels."
In August, former Austin City Council Member Don Zimmerman also filed a lawsuit against the grant, arguing the city isn’t allowed to use taxpayer funds to pay for activity that would be illicit within Texas.
After the 2022 Roe decision, Texas banned nearly all abortions in the state. Since then, thousands of residents have traveled out of state for the procedure.
The outcome of this lawsuit could impact how Texas cities handle abortion-related issues going forward.