Skip to content
The COVID Project
  1. Library
  2. Texas
  3. TX-040

Ex. TX-040 Order Primary source read

Fortieth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9079

Fortieth Emergency Order Regarding the COVID-19 State of Disaster

Supreme Court of Texas · Texas (Court)

The COVID Project

The record

Jurisdiction
Texas
Level
Court
Authority
Tex. Gov't Code § 22.0035(b)
Issued
2021-07-19 July 19, 2021
Effective
2021-08-01
End
2021-10-01 (renewed by the Forty-Third Emergency Order effective Oct. 1, 2021, Ex. TX-065) (read as 2021-10-01)
In force
Aug. 1, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitation types
Courts and public offices
Addressees
  • all courts in Texas
  • parties, attorneys, witnesses, jurors
  • local administrative judges
Functions reached
  • CT courts (remote proceedings, suspended deadlines, local health protocols through Sept. 1, 2021 and beyond if readopted)
  • CL closings and litigation-dependent transactions
  • PJ litigation projects of law firms
Collection
Texas TX

Operative words

3. Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal, without a participant's consent: a. except as provided in paragraph 4, modify or suspend any and all deadlines and procedures, whether prescribed by statute, rule, or order, for a stated period ending no later than October 1, 2021; b.... allow or require anyone involved in any hearing, deposition, or other proceeding of any kind... to participate remotely... 5. Courts may continue to use reasonable efforts to conduct proceedings remotely. In criminal cases where confinement in jail or prison is a potential punishment, remote jury proceedings must not be conducted without appropriate waivers and consent... 8. This Order is effective August 1, 2021, and expires October 1, 2021... 10. All previously adopted local plans and minimum standard health protocols will expire on September 1, 2021, unless readopted by the local administrative district judge or presiding judge of a municipal court before September 1, 2021.

Enforcement

Court order binding all Texas courts

Notes

In force for the last two months of 2021 Q3; the court itself recites the Governor's continuing disaster declaration in all 254 counties