Texas $3 Billion Dementia Fund Paused by Lawsuit: What You Need to Know

Texas $3 Billion Dementia Fund Paused by Lawsuit: What You Need to Know

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A temporary hold has been placed on Texas’s newly established $3 billion dementia research fund, following a challenge from three voters who allege that the voting machines used in the recent election are defective.

The plaintiffs—Sha
on Huggins, Lars Kuslich, and Jose Silvester—filed their case on November 13 in Travis County against the Texas Secretary of State’s office. They argue that certain voting machines failed to meet federal certification standards, asserting that the election results should be invalidated and a new election conducted.

During the legislative session, Lieutenant Governor Dan Patrick advocated for the fund, deeming it a priority for lawmakers. He criticized the plaintiffs for targeting Proposition 14, which pertains to the funding of the research initiative.

“It is surprising that none of the other propositions faced legal challenges on the same grounds,” Patrick stated. “This attack on DPRIT is appalling and undermines the needs of approximately 500,000 Texans who are affected by some form of dementia, along with their families.”

The plaintiffs are representing themselves in this matter and have not clarified why they are contesting only the results of the proposition that significantly approved funding for the Dementia Prevention and Research Institute of Texas (DPRIT), while overlooking the other 16 propositions on the ballot. They emphasize the substantial taxpayer investment at stake. “As Texas taxpayers, Contestants experience a unique injury due to the $3 billion diversion of general revenue prompted by the passage of proposition 14 based on illegal votes,” the lawsuit reads.

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Current legislation stipulates that constitutional amendments ca
ot take effect if their election results are legally contested. Although House Bill 16, passed by the Legislature in September, modifies this rule, it will not take effect until December 4. Consequently, the funding mechanism for DPRIT is currently stalled.

In recent years, state officials have expressed concern over the tactic of utilizing lawsuits to impede constitutional amendments even after voters have approved them. In 2023, several right-wing activists filed lawsuits shortly after the election, based on claims—now deemed unfounded—regarding the reliability of the state’s voting equipment.

Among the plaintiffs, Huggins and Kuslich have a history of filing similar challenges regarding voting machines in prior elections.

Patrick labeled the plaintiffs’ actions as an abuse of the legal system. “This baseless lawsuit has obstructed the implementation of the DPRIT constitutional amendment, despite Proposition 14 receiving nearly 70% of the vote!” he remarked.

He further called upon the legal system to act swiftly to allow DPRIT to be enacted.

The plaintiffs have not provided additional comments when approached.

Through the establishment of this research fund, Texas aims to draw physicians, researchers, and experts specializing in dementia, Alzheimer’s disease, Parkinson’s disease, and related disorders to the state. The institute will focus on researching all brain diseases and will be overseen by a board of qualified physicians and scientists. Grants will be available for projects that address causes, prevention, treatment, and rehabilitation for patients, as well as for the development of new medications and facilities for their care.

The initial $3 billion approved by voters will be sourced from the state’s surplus or rainy day fund.

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As Texas’s population ages more rapidly than the national average, the Texas Department of State Health Services reports that approximately 459,000 Texans have been diagnosed with Alzheimer’s disease, which represents about 12% of the state’s population over 65 years old. Alzheimer’s, the most prevalent form of dementia, accounts for roughly 80% of all cases, according to the Texas Health and Human Services Commission. A study from 2023 indicates that the eastern and southeastern United States have the highest rates of Alzheimer’s, with Texas being one of three states projected to have the largest number of older residents at risk of the disease.

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Tagged: Alzheimer’s disease, dementia.

Terri Langford is a health services reporter based in Austin. She has extensive journalistic experience, having previously worked with the Florida Times Union, The Associated Press, and The Dallas Morning News.