Hinojosa Sues Abbott to See His Office's Elon Musk Records. Abbott Calls It a Stunt. Here Is What Each Side Says
On the first day of early voting, the Democratic nominee for governor sued to inspect unredacted communications between Gov. Greg Abbott's office and Musk's companies. Abbott's lawyers say the court has no power to order it and the request was for her campaign.
The race for governor now has a lawsuit attached to it.
State Rep. Gina Hinojosa, the Democratic nominee for governor, filed suit Monday in Travis County District Court seeking access to communications between Gov. Greg Abbott’s office and Elon Musk and his companies, FOX 7 Austin reported. She filed on the first day of early voting. Abbott, seeking a fourth term, called it a political stunt.
How it started
The records go back to a 2025 public records request by The Texas Newsroom for communications between Abbott’s office and Musk’s companies, including Tesla and SpaceX. According to court documents, the governor’s office released 1,374 pages, but all except about 200 were redacted or completely blacked out.
The office had cited business confidentiality, attorney-client privilege and protections for internal government deliberations. The attorney general’s office upheld many of those objections while requiring some information to be released, FOX 7 reported.
On Sept. 29, Hinojosa asked to inspect the unredacted records in her capacity as a member of the Texas House. She relied on Section 552.008 of the Government Code, which gives legislators access to certain confidential information requested for legislative purposes. According to her lawsuit, the governor’s office acknowledged on Oct. 13 that it had located the records but declined to provide the unredacted versions.
Hinojosa’s case
Hinojosa says the law is plain and the governor is ignoring it. She is not asking for the records to be made public and says she is willing to sign a confidentiality agreement, as Texas law permits, FOX 7 reported. Her lawsuit argues she needs the records to carry out legislative duties before her term ends in January 2027.
Her Sept. 29 request said "the people of Texas and the people of House District 49 are concerned over the growing power of tech giants in Texas regarding our tax dollars, resources, and data," Newsweek reported.
At a campaign event, she was more pointed. "What this is about is the fact that Elon Musk gave Greg Abbott half a million dollars for his campaign and then received $1.7 billion in property tax breaks," she said, according to Newsweek. The magazine reported that campaign finance records show Musk gave $500,000 to Abbott’s campaign in May. Her lawsuit also cites reports that state officials discussed selling Boca Chica State Park to SpaceX.
FOX 7 noted that the contributions and incentives Hinojosa cites do not, on their own, establish improper conduct.
Abbott’s case
Abbott said the suit is about attention. "What Gina is trying to do more than anything else is to try to get attention for her and her campaign," he told reporters after voting in Del Valle Monday. His press secretary, Andrew Mahaleris, called it "baseless and nothing more than an act of desperation."
The governor’s lawyers laid out their arguments in a filing dated Oct. 19 asking the court to dismiss the case. They make four main points.
First, they argue a district court has no power to order the governor to act. Citing a 2025 Texas Supreme Court decision, Paxton v. American Oversight, they say only the Supreme Court can issue that kind of order against the state’s chief executive.
Second, they argue the request was for her campaign, not legislation. The Legislature is not in session, and Hinojosa decided not to seek reelection, so the filing says she could not use the records to write laws in 2027. They note she promoted the request on her campaign website alongside requests for contributions.
Third, they argue the request aimed at public disclosure, which the law forbids for confidential records a legislator obtains. The filing points to her references to "transparency" and "accountability" for the people of Texas and says misuse of such records can be a crime.
Fourth, they argue the separation of powers bars the Legislature from using investigative tools to harass the governor. The filing asks the court to award the governor attorney’s fees, calling the suit frivolous.
What happens next
Hinojosa is asking for a temporary restraining order, injunctions and a court declaration of her right to inspect the records. Abbott’s lawyers asked the court to decide on the written filings. A judge will have to decide whether the court can hear the case at all before reaching whether the governor must open the files.
Polls have shown a competitive race, FOX 7 reported. Our earlier look at the governor’s race found it the tightest of Abbott’s career. Early voting runs through Oct. 30, and Election Day is Nov. 3.
What voters should weigh
Both things can be true. Public officials who take large donations and hand out large incentives owe the public a clear accounting, and Texans are right to want sunlight on how their tax dollars are spent. Lawsuits filed on the first day of early voting by a candidate against her opponent also deserve a measure of skepticism.
The law will sort out the legal question. Voters have to sort out the rest: weigh the record, read past the press releases, and remember that power answers to the people only when the people pay attention.
