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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of counties to prohibit evictions during |
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a declaration of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 240, Local Government Code, is amended |
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by adding Section 240.911 under Subchapter Z to read as follows: |
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Section 240.911 AUTHORITY TO PROHIBIT EVICTIONS DURING |
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DISASTER DECLARATIONS. (a) In this section, a "disaster |
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declaration" refers to any declaration of disaster by a federal, |
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state, or local government under Chapter 418 of the Government Code |
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or 42 U.S.C. Section 5170. |
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(b) In this session, "eviction" refers to any action for |
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eviction to recover possession of residential property under |
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Chapter 24 of the Texas Property Code and Rule 510 of Rules of |
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Criminal Procedure. |
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(c) "Temporary halt to residential evictions" refers to the |
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actions included in subsection(d) to prevent eviction during a |
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disaster declaration and up to 60 days after the date a disaster |
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declaration ends. |
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(d) A county may enact a temporary halt to residential |
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evictions. Under a temporary halt to residential evictions, |
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(1) No trial, hearing, or other proceeding may be |
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conducted, and all deadlines are tolled, until after the county |
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elects to end the temporary halt to residential evictions; |
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(2) A writ of possession may issue, but the posting of |
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the written warning required by 24.0061(d)(1), Property Code, and |
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the execution of the writ of possession may not occur; |
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(3) The deadlines in Rules 510.8(d)(1) and (2), Texas |
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Rules of Civil Procedure, are tolled until the county elects to end |
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the temporary halt to residential evictions; |
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(4) New filings may be accepted, but the time period in |
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Rule 510.4(a)(10), Texas Rules of Civil Procedure, may be |
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suspended; and |
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(5) Issuance and service of citation may not occur |
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until after the county elects to end the temporary halt to |
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residential evictions. |
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(e) This section does not apply to evictions in which the |
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plaintiff files a "Sworn Complaint for Forcible Detainer for Threat |
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to Person or For Cause" and the court determines that the facts and |
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grounds for eviction stated in the Complaint show that the actions |
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of the tenant, or the tenant's household members or guests: |
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(1) pose an imminent threat of physical harm to the |
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plaintiff, the plaintiff's employees, or other tenants; or |
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(2) constitute a criminal offense; and |
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(3) The court signs an order stating procedures for |
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the case to proceed. |
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(f) A county may extend the temporarily halt to residential |
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evictions up to 60 days after the date a disaster declaration ends. |
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SECTION 2. This Act takes effect September 1, 2021 |