Running List of Texas Supreme Court Emergency Orders affecting Texas Bar Books Practice Manuals

Running List of Texas Supreme Court Emergency Orders affecting Texas Bar Books Practice Manuals

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Texas Bar Books Staff

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The Texas Supreme Court has issued a number of temporary emergency orders in response to the Coronavirus pandemic, some of which are relevant to Texas Bar Books practice manuals. Please review the following list to see which orders apply to your manual. A complete list of the emergency orders can be found on the court’s website.

Emergency Order 42 – Issued 9/21/2021

Renews the Texas Eviction Diversion Program for tenants and landlords under a statewide rental assistance program intended to avoid evictions for tenants behind on rent. The order allows an eviction proceeding to be abated by agreement for 60 days, requires courts (including county courts hearing trials de novo on appeal from a justice court) to provide tenants with information about the program, and makes court records for participants confidential while eviction cases are delayed. The order also outlines procedure for reinstating evictions. Without such reinstatement, eviction cases will be subject to dismissal. 

Eligibility for rental assistance under the program will be administered by the Texas Department of Housing and Community Affairs. More information and online application for rental assistance is available at the Texas Coronavirus Relief Bill Rental Assistance Program website

Emergency Order 43 – Issued 9/21/2021

Discontinues the blanket authority provided by prior emergency orders for all courts to modify or suspend any and all deadlines and procedures prescribed by statute, rule, or order; continues justice and municipal courts’ authority to modify or suspend trial-related or pretrial hearing-related deadlines and procedures through 4/1/22; continues the authority of courts to modify certain procedures and deadlines in CPS cases for certain stated periods of time and clarifies this may be done without a participant’s consent; permits courts to continue to use reasonable efforts to hold proceedings remotely; permits all courts to hold in-person proceedings, including jury trials; encourages the adoption of minimum standard health protocols and an in-person schedule and adds that the chief justices of the courts of appeals and local administrative district judges/municipal court presiding judges have the authority to mandate compliance with their adopted standards and protocols; and permits courts to hold virtual jury proceedings in certain cases with technology provided to certain prospective jurors.

EmErgency Order 44 – Issued 11/10/2021

On November 3, 2021, the Texas Department of Housing and Community Affairs announced that it was closing the Texas Eviction Diversion Program to new applicants. Emergency Order 44 renews and amends Emergency Order 42 to reflect this development. Eviction relief and rental assistance may still be available to certain tenant-defendants in eviction proceedings. The procedures outlined in Emergency Order 42 govern situations where such relief is available.

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