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