12/08/2020
TEXAS
Texas Supreme Court Emergency Order #25, issued 9/17/2020, DIRECTLY affects the delivery of eviction notices for process servers, specifically 3.b.
In addition to our regular documents, we must deliver an additional document “in any action for eviction to recover possession of residential property (...).”
3. 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
My expectation is this should come as part of the delivery documents from the Court or our clients, but we need to help educate our clients and quality control our work to these new standards.
Official link here:
https://www.txcourts.gov/media/1449728/209109.pdf
