APPENDIX A: MEMORANDUM
From:

Tommy Ramsey
Assistant County Attorney

Date:

June 1​st​, 2020

Re:

Eviction Proceedings under Texas Supreme Court Covid-19 Emergency Orders

The following is a brief overview of the various Texas Supreme Court COVID-19 Emergency
Orders affecting eviction proceedings.
Summary​: At present, the Texas Supreme Court’s Emergency Orders related to the
residential eviction moratorium permit, but do not require, courts to
resume residential eviction proceedings. Should courts choose not to
resume proceedings the Orders authorize courts to modify or suspend
any deadlines and procedures until a date no later than September 30​th
Moratorium under 4​th​, 9​th​ and 12​th​ Emergency Orders
The Texas Supreme Court’s moratorium on residential evictions initially took effect on March
19th, 2020, under the Court’s 4th Emergency Order. The Order permitted courts to accept new
filings and issue writs of possession but otherwise generally suspended all residential eviction
proceedings and deadlines until April 20, 2020 and prohibited executing writs of possession until
April 27, 2020. Exceptions to the moratorium were provided for cases involving an imminent
threat of physical harm or criminal activity. Under the Court’s 9th and 12th Emergency Orders
the suspension of residential eviction proceedings and deadlines was extended through May 18,
2020 with execution on writs of possession suspended through May 25, 2020.
Current Proceedings under the 15​th​ Emergency Order
On May 14th, the Texas Supreme Court issued its 15th Emergency Order, clarifying that the
moratorium on residential evictions and the tolling of certain deadlines under the 12th
Emergency Order was lifted. Finally, the Order requires plaintiffs filing on or after March 27
until July 25 to include a sworn statement that the premises is not subject to the moratorium on
evictions under the CARES Act.
While the 15th Emergency Order permits courts to resume residential eviction proceedings, it
[1]​
does not require it.​ Should courts choose not to resume residential eviction proceedings, the
Supreme Court’s Emergency Orders authorize each judge to “modify or suspend any and all
deadlines and procedures, whether prescribed by statute, rule, or order” until a date no later than
[2]
September 30​th​. ​

 Additional Information​:
Brief

overview

of

the

CARES

Act

from

​The

National

Law

https://natlawreview.com/article/foreclosure-and-eviction-moratoriums-under-cares-act

Review:​

Texas Supreme Court Emergency Orders Relating to Eviction Proceedings
Order

Date

Summary

4th

3.19

Suspends eviction proceedings. No trial, hearing, or other proceeding may be
conducted, and all deadlines are tolled, until after April 19. Evictions in cases
involving threats of harm or criminal conduct may still proceed.
https://txcourts.gov/media/1446203/209045.pdf

9th

4.06

Extends timeline in the 4th Emergency Order until May 1 for suspension of
proceedings and deadlines and May 8 for writs of possession (unless threat of
physical harm or criminal activity). ​https://txcourts.gov/media/1446345/209052.pdf

12th

4.27

Extends timeline in the 9th Emergency Order until May 18 for suspension of
proceedings and deadlines and May 25 for writs of possession (unless threat of
physical harm or criminal activity). ​https://txcourts.gov/media/1446470/209059.pdf

15th

5.14

Allows eviction proceedings to resume and lifts tolling of deadlines beginning May
19 with writs of possession beginning May 26. Adds CARES Act requirement.
https://txcourts.gov/media/1446543/209066.pdf

17th

5.26

Authorizes extension of deadlines until no later than September 30, 2020 (certain
exceptions); ​https://txcourts.gov/media/1446702/209071.pdf

[1]

​See Texas Supreme Court, ​Fifteenth Emergency Order Regarding the COVID-19 State of Disaster,​

pp. 1 at No. 2. “Beginning May 19, 2020, eviction proceedings ​may resume and deadlines are no longer
tolled, and beginning May 26, 2020, warnings ​may be posted and writs of possession ​may be executed.”
[emphasis added]
[2]

​See T
​ exas Supreme Court, ​Seventeenth Emergency Order Regarding the COVID-19 State of Disaster​, pp. 1 at

No. 3(a).