Supreme Court of Texas Emergency Order 46

The Supreme Court issued the Forty-Sixth Emergency Order extending the Court’s Forty-Fourth Emergency Order which had addressed the closing of the Texas Eviction Diversion Program to new applicants by the Texas Department of Housing and Community Services. The Forty-Sixth Emergency Order made no changes to the prior emergency order. It continues the processes related to actions in which the defendant may have a pending application. The following is a summary of the key provisions in the order:

• Provides citation language that must be included in an action for eviction to recover possession of residential property to include a link to information regarding rental assistance programs generally rather than language specific to the Eviction Diversion Program;
• Continues the requirement that a judge confirm whether or not the plaintiff has any pending applications for rental assistance, including applications for rental assistance through the Texas Eviction Diversion Program, or has provided any information or documentation directly to a rental assistance provider for the purpose of receiving rental assistance;
• Continues previous emergency order requirements in cases in which the plaintiff has a pending application for rental assistance (i.e., abate case for 60 days, make the case confidential, inform the parties how to reinstate the case, dismiss the case after the abatement period expires without the need for a party to file a motion or request the court to do so); and
• Provides that if rental assistance is available, the judge should discuss available rental assistance programs and the procedures in the Forty-Sixth Emergency Order with the parties.

The Forty-Sixth Order expires on March 1, 2022, unless extended by the Chief Justice.