| 1 | 1 | | By: Neave H.B. No. 4444 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of counties to prohibit evictions during |
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| 7 | 7 | | a declaration of disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 240, Local Government Code, is amended |
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| 10 | 10 | | by adding Section 240.911 under Subchapter Z to read as follows: |
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| 11 | 11 | | Section 240.911 AUTHORITY TO PROHIBIT EVICTIONS DURING |
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| 12 | 12 | | DISASTER DECLARATIONS. (a) In this section, a "disaster |
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| 13 | 13 | | declaration" refers to any declaration of disaster by a federal, |
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| 14 | 14 | | state, or local government under Chapter 418 of the Government Code |
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| 15 | 15 | | or 42 U.S.C. Section 5170. |
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| 16 | 16 | | (b) In this session, "eviction" refers to any action for |
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| 17 | 17 | | eviction to recover possession of residential property under |
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| 18 | 18 | | Chapter 24 of the Texas Property Code and Rule 510 of Rules of |
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| 19 | 19 | | Criminal Procedure. |
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| 20 | 20 | | (c) "Temporary halt to residential evictions" refers to the |
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| 21 | 21 | | actions included in subsection(d) to prevent eviction during a |
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| 22 | 22 | | disaster declaration and up to 60 days after the date a disaster |
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| 23 | 23 | | declaration ends. |
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| 24 | 24 | | (d) A county may enact a temporary halt to residential |
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| 25 | 25 | | evictions. Under a temporary halt to residential evictions, |
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| 26 | 26 | | (1) No trial, hearing, or other proceeding may be |
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| 27 | 27 | | conducted, and all deadlines are tolled, until after the county |
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| 28 | 28 | | elects to end the temporary halt to residential evictions; |
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| 29 | 29 | | (2) A writ of possession may issue, but the posting of |
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| 30 | 30 | | the written warning required by 24.0061(d)(1), Property Code, and |
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| 31 | 31 | | the execution of the writ of possession may not occur; |
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| 32 | 32 | | (3) The deadlines in Rules 510.8(d)(1) and (2), Texas |
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| 33 | 33 | | Rules of Civil Procedure, are tolled until the county elects to end |
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| 34 | 34 | | the temporary halt to residential evictions; |
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| 35 | 35 | | (4) New filings may be accepted, but the time period in |
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| 36 | 36 | | Rule 510.4(a)(10), Texas Rules of Civil Procedure, may be |
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| 37 | 37 | | suspended; and |
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| 38 | 38 | | (5) Issuance and service of citation may not occur |
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| 39 | 39 | | until after the county elects to end the temporary halt to |
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| 40 | 40 | | residential evictions. |
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| 41 | 41 | | (e) This section does not apply to evictions in which the |
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| 42 | 42 | | plaintiff files a "Sworn Complaint for Forcible Detainer for Threat |
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| 43 | 43 | | to Person or For Cause" and the court determines that the facts and |
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| 44 | 44 | | grounds for eviction stated in the Complaint show that the actions |
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| 45 | 45 | | of the tenant, or the tenant's household members or guests: |
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| 46 | 46 | | (1) pose an imminent threat of physical harm to the |
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| 47 | 47 | | plaintiff, the plaintiff's employees, or other tenants; or |
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| 48 | 48 | | (2) constitute a criminal offense; and |
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| 49 | 49 | | (3) The court signs an order stating procedures for |
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| 50 | 50 | | the case to proceed. |
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| 51 | 51 | | (f) A county may extend the temporarily halt to residential |
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| 52 | 52 | | evictions up to 60 days after the date a disaster declaration ends. |
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| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2021 |
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