THE TEXAS SUPREME COURT EXTENDS ITS EMERGENCY ORDERS . . . . AGAIN
By : R . David Fritsche
The Backdrop :
In the beginning , there was the COVID-19 pandemic .
On March 13 , 2020 , Governor Abbott issued an order certifying under Section 418.014 of the Texas Government Code that COVID-19 poses an imminent threat of disaster for all counties in the State of Texas .
The Texas Supreme Court (“ SCOTX ”) seized upon the Governor ’ s Order and immediately began issuing its own Emergency Orders , which not only changed eviction procedures , but wandered into substantive law that should be within the province of the Texas Legislature .
Once again , on December 30 , 2022 , SCOTX issued its 58th Emergency Order ( the 58th Order ) Amending and Extending their 56th Emergency Order and Evictions remain subject to these Orders .
THE SUBSTANCE OF THE 58th ORDER :
Rent Relief Review :
On September 26 , 2022 , the Treasury Department announced that TDHCA and seven local jurisdictions in Texas would receive additional rental assistance funds , totaling $ 59,421,239 .
On October 18 , 2022 , the Treasury Department announced that TDHCA and three local jurisdictions in Texas would receive additional rental assistance funds , totaling $ 32,898,397 .
On October 28 , 2022 , the Treasury Department announced that TDHCA and three local jurisdictions in Texas would receive additional rental assistance funds , totaling $ 42,896,234 .
TDHCA continues to process previously submitted applications , and some cities and counties have rental assistance funds available . The Supreme Court then states , “ Accordingly , the Fifty-Sixth Emergency Order ( Misc . Dkt . No . 22-9096 ) is renewed as amended .”
What the 58th Order Requires to Happen at an Eviction Trial :
The 58th Order begins with a review of rent relief to justify the extension :
On November 5 , 2021 , the Texas Department of Housing and Community Affairs (“ TDHCA ”) closed the Texas Eviction Diversion Program to new applications because TDHCA had successfully paid or obligated all rental assistance funds available to date .
On March 14 , 2022 , the U . S . Department of Treasury (“ Treasury Department ”) allocated TDHCA and eight local jurisdictions in Texas additional rental assistance funds , totaling $ 89,679,746 .
16 JANUARY 2023 | www . saaaonline . org
What the Order Says :
Legal Aid or Volunteer Legal Service must be allowed to be present , in person , or remotely , to provide information , advice , intake , referral , or other assistance for eligible litigants .
What Actually Happens in Court :
Legal Aid stands up before the docket or sends a chat via Zoom and announces that they have forms for appeal and are right outside in the foyer to help all tenants , not just for tenants “ eligible ” for legal aid . Then , they merely hand out the appeal forms upon request without determining eligibility .