Skip to content
The COVID Project
  1. Library
  2. Texas
  3. TX-041

Ex. TX-041 Order Primary source read

Thirty-Ninth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9078 (Texas Eviction Diversion Program)

Thirty-Ninth 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
2021-07-19 (immediately) (read as 2021-07-19)
End
2021-10-01 (renewed by the Forty-Second Emergency Order, Misc. Docket No. 21-9118, not saved) (read as 2021-10-01)
In force
July 19, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitation types
Courts and public offices
Addressees
  • justice courts and county courts hearing residential evictions
  • landlords (plaintiffs)
  • tenants
Functions reached
  • PM property management (evictions abated 60 days on request or pending assistance)
  • SV servicing and collections
  • CT courts
Collection
Texas TX

Operative words

5. In any action for eviction to recover possession of residential property... based, in whole or part, on the nonpayment of rent: a.... a sworn original, amended, or supplemental petition must state that the plaintiff has reviewed the information about the Texas Eviction Diversion Program...; b.... the citation must include: i. the following statement: 'If you and your landlord agree to participate in the Texas Eviction Diversion Program, you may be able to have up to 15 months of the rent you owe paid and stop your eviction...'... c. at the trial... the judge must:... iv. if the plaintiff has a pending application for rental assistance or the plaintiff and defendant both express an interest in participating in the Texas Eviction Diversion Program: (A) abate the eviction action for 60 days; (B) make all court records... confidential... 12. This Order is effective immediately and expires October 1, 2021.

Enforcement

Mandatory pleading, citation and abatement procedures in every residential nonpayment eviction

Notes

Force-of-law limitation on landlords' remedies in force throughout 2021 Q3 (renewed from the Twenty-Seventh Emergency Order of Sept. 17, 2020, Ex. TX-060)