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EVICTIONS:

In compliance with the TXSC 25th Emergency COVID Order, in any action for eviction to recover possession of residential property under Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure:
 
 a. a sworn original, amended, or supplemental petition containing “a description of the facts and grounds for eviction” required by Texas Rule of Civil Procedure 510.3(a)(2) must state whether or not:
 
i. the premises are a “covered dwelling” subject to Section 4024 of the CARES Act;
 
ii. the plaintiff is a “multifamily borrower” under forbearance subject to Section 4023 of the CARES Act;
 
iii. the plaintiff has provided the defendant with 30 days’ notice to vacate under Sections 4024(c) and 4023(e) of the CARES Act; and
 
iv. the defendant has provided the plaintiff with a declaration under the Centers for Disease Control and Prevention’s agency order, titled Temporary Halt
 in Residential Evictions to Prevent the Further Spread of COVID-19, (“CDC Order”) that took effect on September 4, 2020;
 
b. in addition to the contents required by Texas Rule of Civil Procedure 510.4(a), the citation must include:
 
i. the following statement: “The Centers for Disease Control issued an order stopping some evictions. You may be able to stop your eviction if you sign the attached Declaration under Penalty of Perjury for the Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of COVID-19 and provide it to your landlord and the court.  Before signing the Declaration, read it carefully and make sure all the statements are true.  The Declaration is sworn, meaning you can be prosecuted, go to jail, or pay a fine if any of the statements are not true.  Find out more about the order at TexasLawHelp.org.”; and
 
ii. a copy of the declaration form, titled Declaration under Penalty of Perjury for the Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of COVID-19, (“CDC Declaration”) that is attached to the CDC’s Order or a similar declaration form


In compliance with the TXSC 27th Emergency COVID Order, in any action for eviction to recover possession of residential property under Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure:


a. in addition to the contents required by Texas Rules of Civil Procedure 502.2 and 510.3, a sworn original, amended, or supplemental petition must state that the plaintiff has reviewed the information about the Texas Eviction Diversion Program available at www.txcourts.gov/eviction-diversion/ 

 b. in addition to the contents required by Texas Rule of Civil Procedure 510.4(a), the citation must include:

 i. the following statement: “You may be able to stop your eviction if you and your landlord agree to participate in the Texas Eviction Diversion Program.  At your trial, the court will tell you about the Program and ask if you are interested in participating.  Find out more about the Program in the attached brochure, titled State of Texas Eviction Diversion Program, and at www.txcourts.gov/eviction-diversion/ ”; and
 ii. a copy of the informational brochure, titled State of Texas Eviction Diversion Program, prepared by the Texas Department of Housing and Community Affairs

A form for supplementing pleadings in compliance with the above referenced orders may be found HERE.


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