Opinion
Misc. Docket No. 20-9066
05-14-2020
FIFTEENTH EMERGENCY ORDER REGARDING the COVID-19 STATE OF DISASTER
Nathan L. Hecht, Chief Justice
ORDERED that:
1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This Order is issued pursuant to Section 22.0035(b) of the Texas Government Code.
2. Paragraph 7 of the Twelfth Emergency Order (Misc. Dkt. No. 20-9059) provides that in any action for eviction to recover possession of residential property under Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure: (a) no trial, hearing, or other proceeding may be conducted, and all deadlines are tolled, until after May 18, 2020; (b) a writ of possession may issue, but the posting of the written warning required by § 24.0061(d)(1) of the Property Code and the execution of the writ of possession may not occur until after May 25, 2020, and the deadlines in Rules 510.8(d)(1)–(d)(2) are suspended while this Order remains in effect; and (c) new filings may be accepted, but the time period in Rule 510.4(a)(10) is suspended, and issuance and service of citation may not occur until after May 18, 2020. Beginning May 19, 2020, eviction proceedings may resume and deadlines are no longer tolled, and beginning May 26, 2020, warnings may be posted and writs of possession may be executed.
3. For eviction proceedings filed from March 27, 2020, through July 25, 2020, a sworn petition containing "a description of the facts and grounds for eviction" required by Texas Rule of Civil Procedure 510.3(a)(2) must state that the premises are not subject to the moratorium on evictions imposed by Section 4024 of the CARES Act.
4. This Order is effective immediately and expires July 25, 2020, unless extended by the Chief Justice of the Supreme Court.
5. The Clerk of the Supreme Court is directed to:
a. post a copy of this Order on www.txcourts.gov;
b. file a copy of this Order with the Secretary of State; and
c. send a copy of this Order to the Governor, the Attorney General, and each member of the Legislature.
6. The State Bar of Texas is directed to take all reasonable steps to notify members of the Texas bar of this Order.