Gina Hinojosa sues Gov. Greg Abbott over communications with Elon Musk

AUSTIN, Texas - With early voting underway in Texas, a new legal dispute has emerged between Republican Gov. Greg Abbott and his Democratic challenger, state Rep. Gina Hinojosa.

Hinojosa filed a lawsuit Monday in Travis County District Court, seeking access to communications between Abbott's office and billionaire Elon Musk and his companies.

Hinojosa argues she is entitled to inspect the records under a Texas law that allows state lawmakers to access certain confidential government information for legislative purposes. 

Abbott has criticized the lawsuit, questioned its timing, and accused Hinojosa of trying to draw attention to her campaign.

Why has Hinojosa filed the lawsuit against Abbott?

The backstory:

The dispute dates to 2025, when The Texas Newsroom requested 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 of records, although all but approximately 200 pages were redacted or completely blacked out.

The governor's office previously sought to withhold portions of the records, citing reasons including business confidentiality, attorney-client privilege and protections for internal government discussions.

The Texas Attorney General's Office upheld many of those objections while requiring some information to be released.

On September 29, Hinojosa submitted a separate request to inspect the unredacted documents in her official capacity as a member of the Texas House of Representatives.

Her lawsuit states that Abbott's office acknowledged on October 13 that the records had already been collected and assembled but declined to provide access to the unredacted versions.

Hinojosa is now asking a judge to determine whether the governor's office is required to provide those records under Section 552.008 of the Texas Government Code.

The law provides legislators access to certain confidential government information requested for legislative purposes, while maintaining protections against unauthorized disclosure.

What they're saying:

Both candidates cast their ballots Monday, the first day of early voting. Abbott voted in Del Valle, while Hinojosa voted in East Austin.

Following her vote, Hinojosa held a news conference announcing the lawsuit and raising questions about the relationship between the governor's office and Musk's businesses.

"There is one fight in this election, it is the fight of our time," Hinojosa said. "Is this going to be a Texas that is by and for the people? Or is this the billionaire's world and we just live here?"

Hinojosa has pointed to Musk's political contributions and state economic development incentives awarded to his companies as reasons she wants to review the communications.

Abbott rejected the criticism and characterized the lawsuit as an effort to gain attention during the final weeks of the campaign.

"It's another act of desperation," Abbott said. "What Gina is trying to do more than anything else is to try to get attention for her and her campaign."

Abbott's campaign also said it filed documents seeking dismissal of the lawsuit, arguing that the legal action is politically motivated.

The governor has previously highlighted investments by Musk's companies in Texas, including projects involving manufacturing, aerospace and technology, as part of the state's economic development efforts.

The political contributions and state incentives cited by Hinojosa do not, on their own, establish improper conduct.

Questions over Boca Chica State Park

Dig deeper:

The candidates are also addressing reports about a possible sale of state-owned land near Boca Chica Beach in South Texas, where Musk's SpaceX operates.

Hinojosa has criticized the potential sale, arguing that public beaches should remain accessible to Texans.

"These are Texas beaches that are enshrined in our Texas Constitution as being free and open to the public. They belong to Texans," Hinojosa said.

Abbott said he was not familiar with the details of the proposal and did not expect an immediate vote.

"What I know is that that's not coming up for a vote anytime soon," Abbott said. "And I don't know what the details are about what Parks and Wildlife is looking at."

The possible land sale is a separate matter from the lawsuit, and no final sale has been established in the court documents.

What's next:

Hinojosa is seeking a temporary restraining order, temporary and permanent injunctions, and a court declaration establishing her right to inspect the requested communications.

Her lawsuit argues that she needs access to the records to carry out legislative responsibilities before her current term ends in January 2027.

However, Hinojosa is not asking for the confidential records to be made public. She says she is willing to sign a confidentiality agreement, as permitted under Texas law.

The court will have to determine whether Abbott's office is legally required to allow her to inspect the documents.

Big picture view:

The dispute comes as voters begin deciding who will lead Texas for the next four years.

Early voting continues through October 30, with Election Day on November 3.

Polls have shown a competitive race between Hinojosa and Abbott, with some polls showing Hinojosa with a slight lead within the margin of error.