By: Neave H.B. No. 4444
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of counties to prohibit evictions during
  a declaration of disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 240, Local Government Code, is amended
  by adding Section 240.911 under Subchapter Z to read as follows:
         Section 240.911  AUTHORITY TO PROHIBIT EVICTIONS DURING
  DISASTER DECLARATIONS.  (a)  In this section, a "disaster
  declaration" refers to any declaration of disaster by a federal,
  state, or local government under Chapter 418 of the Government Code
  or 42 U.S.C. Section 5170.
         (b)  In this session, "eviction" refers to any action for
  eviction to recover possession of residential property under
  Chapter 24 of the Texas Property Code and Rule 510 of Rules of
  Criminal Procedure.
         (c)  "Temporary halt to residential evictions" refers to the
  actions included in subsection(d) to prevent eviction during a
  disaster declaration and up to 60 days after the date a disaster
  declaration ends.
         (d)  A county may enact a temporary halt to residential
  evictions.  Under a temporary halt to residential evictions,
               (1)  No trial, hearing, or other proceeding may be
  conducted, and all deadlines are tolled, until after the county
  elects to end the temporary halt to residential evictions;
               (2)  A writ of possession may issue, but the posting of
  the written warning required by 24.0061(d)(1), Property Code, and
  the execution of the writ of possession may not occur;
               (3)  The deadlines in Rules 510.8(d)(1) and (2), Texas
  Rules of Civil Procedure, are tolled until the county elects to end
  the temporary halt to residential evictions;
               (4)  New filings may be accepted, but the time period in
  Rule 510.4(a)(10), Texas Rules of Civil Procedure, may be
  suspended; and
               (5)  Issuance and service of citation may not occur
  until after the county elects to end the temporary halt to
  residential evictions.
         (e)  This section does not apply to evictions in which the
  plaintiff files a "Sworn Complaint for Forcible Detainer for Threat
  to Person or For Cause" and the court determines that the facts and
  grounds for eviction stated in the Complaint show that the actions
  of the tenant, or the tenant's household members or guests:
               (1)  pose an imminent threat of physical harm to the
  plaintiff, the plaintiff's employees, or other tenants; or
               (2)  constitute a criminal offense; and
               (3)  The court signs an order stating procedures for
  the case to proceed.
         (f)  A county may extend the temporarily halt to residential
  evictions up to 60 days after the date a disaster declaration ends.
         SECTION 2.  This Act takes effect September 1, 2021