Opinion
Misc. Docket No. 20-9086
07-21-2020
TWENTIETH 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 3 of the Fifteenth Emergency Order (Misc. Dkt. No. 20-9066), issued May 14, 2020, is renewed as amended.
3. For all eviction proceedings filed from March 27, 2020, through August 24, 2020, a sworn original, amended, or supplemental petition containing "a description of the facts and grounds for eviction" required by Texas Rule of Civil Procedure 510.3(a)(2) must state whether or not:
a. the premises is a "covered dwelling" subject to Section 4024 of the CARES Act;
b. the plaintiff is a "multifamily borrower" under forbearance subject to Section 4023 of the CARES Act; and
c. the plaintiff has provided the defendant with 30 days' notice to vacate under Sections 4024(c) and 4023(e) of the CARES Act.
4. A judge continues to have the authority under Texas Rule of Civil Procedure 500.6 to develop the facts of the case, including whether or not the premises is a "covered dwelling" and the plaintiff is a "multifamily borrower" under forbearance subject to Sections 4024 and 4023 of the CARES Act, respectively.
5. This Order is effective immediately and expires August 24, 2020, unless extended by the Chief Justice of the Supreme Court.
6. 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.
7. The State Bar of Texas is directed to take all reasonable steps to notify members of the Texas bar of this Order.