Fill - Free fillable Form 2020246975: 111111111111111pgsI lllllllll 1 (Travis County Information Technology Services) PDF form

2020246975

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ORDER

BY STAYSINFILE

THE COUNTY JUDGE OF TRAVIS COUNTY

County Judge Order No. 2020-22 Relating to Notices to Vacate, Eviction Proceedings

in response to COVID-19

Whereas, on March 6, 2020, a Declaration of Local Disaster was issued by the Travis

County Judge to allow the County of Travis ("County" or "Travis County"), Texas to take

measures to reduce the possibility of exposure to COVID-19 and promote the health and safety of

Travis County residents; and

Whereas, on March 13, 2020, a Declaration of State of Disaster was issued by Governor

Abbott to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to

protect the health and welfare of Texans; and

Whereas, the COVID-19 virus is contagious and spreads through person-to-person

contact, especially in group settings; and

Whereas, on July 2, 2020 and subsequently on October 7, 2020, the Governor issued

Executive Orders GA-29 and GA-32, requiring the wearing of face coverings except under certain

circumstances, and imposing continued limitations on gatherings and occupancy limits, as well as

continuing recommended health protocols and social distancing measures to attempt to mitigate

increased transfer of CO VID-19; and

Whereas, on September 4, 2020, the Centers for Disease Control and Prevention (CDC),

Department of Health and Human Services issued a Temporary Halt in Evictions to Prevent the

Further Spread of COVID-19 ("CDC Order"), effective through December 31, 2020, and requiring

the filing of a declaration related to inability to pay rent; and

Whereas, on September 17, 2020, the Texas Supreme Court issued further orders in its

Twenty-Fifth Emergency Order regarding the COVID-19 State of Disaster, related to the CDC

Eviction Moratorium, and set limitations on proceeding with evictions in certain circumstances,

and requiring certain information in an eviction petition; and

Whereas, on September 30 and October 9, 2020, the County Judge issued Order Nos.

2020-19 and 2020-20 relating to Notices to Vacate, Eviction Proceedings, expiring on December

31, 2020; aml

Whereas, on December 15, 2020, the County Judge issued Order 2020-21, effective 12:00

a.m. on December 16, 2020, prohibiting any gatherings in excess of 10 people and requiring face

coverings, except as permitted by the Governor's orders, and requiring the implementation of a

health and safety policy related to preventing transmission of the COVID-19 virus; and

Whereas, on December 16, 2020, the Justices of the Peace in Travis County issued Eighth

Modification of Standing Order regarding Coronavirus Disease (COVID-19) Mitigation, Order

No. 10 ("Justices of the Peace Standing Order"), due to continued disaster declarations of federal,

Page 1 of 4

state and Travis County governments, relevant Supreme Court of Texas emergency orders, and the

number of COVID-19 cases in the Austin/Travis County area, setting limitations on the filing of

eviction cases, such as automatically abating residential eviction cases until after February 1, 2021

if the grounds for eviction are solely for non-payment of rent/housing payments based on income

levels of the tenant, and requiring the filing of a Declaration by tenant in certain cases as provided

in the CDC Order and Supreme Court of Texas' Twenty-Fifth Emergency Order; and

Whereas, to comply with the County Judge's Orders, Governor Abbott's Executive

Orders, and federal guidance; and to avoid person-to-person contact, individuals may be unable to

work, which could impact a tenant's ability to pay rent, fees, or other charges associated with the

tenant's lease; and certain industries, such as childcare, live-music venues, arts venues, and

restaurants/bars were among the industries first detrimentally impacted by the pandemic and are

expected to be the last to recover; and

Whereas, as of December 15, 2020, Travis County has experienced 42,856 confirmed

cases of COVID-19, with 301 current hospitalizations and 507 deaths as a result of the disease,

and Texas cautioned by the CDC to take steps to curb the increase in COVID-19 cases to avoid

hospitals exceeding capacity; and

Whereas, COVID-19 continues to menace the health of County residents and the

economy, and the Health Authority has advised on the need for continued vigilance by individuals

and County businesses in complying with mandatory health measures; and

Whereas, the County Judge has determined that extraordinary emergency measures must

be taken to try and mitigate the effects of this public health emergency and to facilitate a response

to the public health threat; and

Whereas, there are local orders and ordinances specific to the City of Austin regarding

notices to vacate and evictions for properties within the jurisdiction of the City of Austin that

attempt to mitigate the effects of this public health emergency and facilitate a response to the public

health threat, and which can be obtained from the City of Austin to determine applicability; and

Whereas, pursuant to Government Code section 418.108(g), a County Judge is authorized

to control ingress and egress from a local disaster area, and control the movement of persons and

the occupancy of premises in that disaster area; and

Whereas, providing a notice to vacate, as the first step to an eviction proceeding, during

the disaster period will destabilize the economy and will contribute to additional person-to-person

contact, which will effectively undermine the measures taken in past emergencies orders by the

County Judge, Mayor of

theCity of Austin, and Ilealth Authority to combat nnd prevent the spread

of the COVID-19 virus; and

Whereas, significant funds have been allocated in Travis County to assist renters and

landlords to mitigate financial burdens to both parties; and

Whereas, removing a tenant's property or excluding a tenant during the disaster period

will contribute to additional person-to-person contact, an increase in household crowding, such as

Page

2 of4

shared household settings or in congregate settings (homeless shelters), or unsheltered

homelessness, and increase the risk of spread.

NOW THEREFORE, I, COUNTY JUDGE OF TRAVIS COUNTY, PURSUANT TO

THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418,

HEREBY FIND AND ORDER THAT:

SECTION

1. That the findings and recitations set out in the preamble to this Order are

found to be true and correct and made a part of this Order for all purposes; and further, that this Order

shall apply to all individuals currently living within Travis County, including but not limited to all

of the cities and municipalities within the boundaries of Travis County and specifically listed in

Exhibit A.

SECTION 2.

Effective immediately and continuing through February I, 2021, unless

terminated or modified by a subsequent order, the County Judge deems it in the public interest to

PROHIBIT, except as otherwise provided in this section, the issuance of Notices to Vacate (as

defined in Section 4, below) to a: (i) residential tenant who fails to pay rent and the amount of the

tenant's rent is $2,475 or less per month, (ii) a residential tenant who fails to pay rent and provides

the landlord the CDC Declaration attached as Exhibit B to this Order, and included as part of the

Justices of the Peace Standing Order attached as Exhibit C, or (iii) a commercial tenant (as defined

in Section 4, below). In this section, a tenant includes an individual who holds over beyond the

end of the rental term or renewal period.

A landlord may issue a notice to vacate to a tenant described in this section if:

(1) the actions of the tenant, or the tenant's household members, customers, employees, or

guests, pose an imminent threat of(a) physical harm to the property owner, the property

owner's employees, or other tenants, including other tenants within the household; (b)

criminal activity; or (c) property damage that interferes with the use a dwelling that is

occupied by other tenants; or

(2) an insured casualty loss such as fire, smoke, hail, explosion, or a similar cause creates

a condition that makes the residential premises totally unusable.

SECTION 3. Effective immediately and continuing through February I, 2021, unless

terminated or modified by a subsequent Order, the County Judge deems it in the public interest to

PROHIBIT the removal of property or exclusion of a tenant by a property owner in the manners

described in the applicable sections of the Texas Property Code.

SECTION 4.

a. "Commercial Tenant" means a tenant who operates a childcare business, live-music

venue, arts venue, or restaurant/bar.

b. "Issuance" means any method of providing notice authorized by Texas Property Code

Section 24.005.

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c. "Notices to Vacate" means the notice to vacate required by Section 24.005 that must

be provided prior to filing eviction suit.

SECTION 5. That the Travis County Sheriffs Office, the Travis County Fire Marshal's

Office, and other peace officers, are hereby authorized to enforce this Order.

A violation of this

order may be punishable through criminal or civil enforcement.

A criminal violation of this order

is a misdemeanor punishable by a fine not to exceed $1,000, but not by confinement. A criminal

violation of this order may be enforced by issuing a citation to the person violating, that contains

the name and address of the person charged, and the offense charged.

SECTION 6. The Travis County Clerk will post this Order on their website. In addition,

the owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly

encouraged to post a copy of this Order onsite and to provide a copy to any member of the public

asking for a copy.

SECTION 7. Savings Clause. If any provision of this Order or its application to any

person or circumstance is held to be invalid, then the remainder of the Order, including the

application of such part or provision to other persons or circumstances, shall not be affected and

shall continue in full force and effect. To this end, the provisions of this Order are severable.

SECTION 8. This Order incorporates by reference the following:

Exhibit

A: List of Cities and Municipalities Within Travis County Jurisdiction

Covered by this Order

Exhibit

B: CDC Declaration

Exhibit C: Justices of the Peace Standing Order

ORDERED this the {

f Travis, Texas

Filed with the Clerk of Travis County, this

day of December, 2020.

Dana De Bcauvoir,CountyClerk=

Page 4 of4

ExhibitA

List of Cities and Municipalities within Travis County Jurisdiction covered by the Order

• City of Bee Cave

• City of Cedar Park

• City of Creedmoor

• City of Elgin

• City of Jonestown

• City of Lago Vista

• City of Lakeway

• City of Leander

• City of Manor

• City of Mustang Ridge

• City of Pflugerville

• City of Rollingwood

• City of Round Rock

• City of Sunset Valley

• City of West Lake Hills

• Village of Briarcliff

• Village of Point Venture

• Village of San Leanna

• Village of The Hills

• Village of Volente

• Village of Webberville

Exhibit B

DECLARATION UNDER PENAL TY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION'S TEMPORARY

HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19

This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC's order temporarily halting

residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19. Under the CDC's

order:

• You must provide a copy of this declaration to your landlord, owner of the residential property where you live, or other

person who has a right to have you evicted or removed from where you live.

You must also provide a copy to the court if

a suit for eviction has been filed against you.

• Each adult listed on the lease, rental agreement, or housing contract should complete this declaration.

Unless the CDC order is extended, changed, or ended, the order prevents you from being evicted or removed from where you are

living through December 31, 2020. You are still required to pay rent and follow all the other terms of your lease and rules of the place

where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment.

This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit

important information.

I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the following are true and correct:

• I have used best efforts to obtain all available government assistance for rent or housing;

• I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a

joint tax return), was not required to report any income in 2019 to the I.R.S., or received an Economic Impact Payment

(stimulus check) pursuant to Section 2201 of the CARES Act;

• I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of

compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;

• I am using best efforts to make timely partial payments that are as close to the full payment as the individual's circumstances

may permit, taking into account other nondiscretionary expenses;

• If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence

shared by other people who live in close quarters because I have no other available housing options.

• I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under

my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or

making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or

collected.

• I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may

require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me

subject to eviction pursuant to State and local laws. I understand that any false or misleading statements or omissions may

result in criminal and civil actions for fines, penalties, damages, or imprisonment.

Signature of Declarant

Date

Print Full Name of Declarant

Full Address of Property

"Available government assistance" means any governmental rental or housing payment benefits available to the individual or any household member

An "extraordinary" medical expense is any unreimbursed medical expense likely to exceed 7.5% of one's adjusted gross income for the year.

"Available housing" means any available, unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that

would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to you.

CERTIFICATEOF SERVICE

I certify that a copy of this document was provided to my landlord and/or to the owner of the property where I live via the following

method(s) (check all that apply):

First Class Mail to: _______________________ Date: ___ _

_ Certified Mail, Return Receipt Requested to: _____________ _

CMRRR Number: __________ Date: ___ _

Email to: __________________________ Date: ___ _

_ Fax to:( __ ) __ - Date: ___ _

_ Hand Delivery to: (name) Date: ___ _

_ Other (explain): Date: ___ _

You must also provide a copy to the court ifa suit for eviction has been filed against you.

click to sign

signature

click to edit

Exhibit C

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EIGHTH MODIFICATION OF STANDING ORDER REGARDING CORONA VIRUS

DISEASE (COVID-19) MITIGATION TO ALL TRAVIS COUNTY .JUSTICES OF THE

PEACE (,JUSTICE COURTS) (Order No.

JO)

I. The Justices of the Peace in Travis County issue this order pursuant

by the authority granted

by law. by all emergency orders regarding the COVI D-19 state of disaster issued by the

Supreme Court of Texas and Court of Criminal Appeals of Texas. and any applicable

Jederal laws and orders. The Travis County .Justices of the Peace issue the following order

to avoid risk to court staff parties. attorneys, jurors. and the public in regards to COVID-

19.

2. This order supplements all previous COVID-19 related standing orders from the Travis

County .Justices of the Peace.

3. Due to the continued COVlD-l 9 disaster declarations

hy the t"cderal. state, and Travis

County governments: the number of COVJD-19 cases in the Austin-Travis County area:

relevant gubernatorial executive orders: relevant Travis County Judge's Orders: the

relevant Supreme Court of Texas emergency orders. the Justices of the Peace in Travis

County find it necessary to order:

a. A trial under Texas Rules of Civil Procedure .510. 7 in a resitkntial eviction case is

automatically abated unti I after February I. 2021

if:

1. The grounds for eviction arc solely for non-payment of rent/housing

payments. and

11. The defendant's/temmt's portion of the monthly rent/housing payrrn:nl of

the premises is $2.4 75.00 a month or less.

l'ugc I of6

b. This order docs nol release a plaintirr s/landlord's obligation to comply with

paragraph 3 of

lhe Supreme ( 'our/ o( Te.ws · 1:·111ergenc,:i-T11•e11ty-Fi/il, Order

Regarding the COVID-/9 Stll/e o/Disaster (restated in paragraph 4a of this order)

or any subsequent Supreme Court of Texas E1rn.:rgency Order on this subject mailer.

Additionally. if all the statemenls arc true for a ddt·ndant/tenant in a declaration

under penalty of pe1:jury for the Centers li.)r Disease Control and Prevention ·s

Temporal)' Halt in Evictions lo Prevent the Further Spread of COVID-19 (""CDC

Declaration"). the defendant/tenant is encouraged to submit the

CDC Declaration

with the justice court and provide a copy of the submitted CDC Declaration to the

plaintiff/landlord, even if the eviction case is automatically anated under paragraph

3a.

c. Writs of possession for cases that have been abated prior to September :rn.2020 for

evictions solely on the basis for non-payment of rent/housing payments will

continue to he abated until aflcr February I. 2021 if the defendant/tenant has filed

a CDC Declaration \Vith the justice court prior to the writ of rosscssion 's execution

and if the CDC extends the CDC Order titkd,

li.

mporwy llalt in Residential

!:'victions to Pre,·ent the Further ,c.,1,readof COl'l{)-/1). beyond its December 31.

2020 expiration date.

d. A defrndant/tcnanl. where the defendant's/tenant's portion

or the monthly

rent/housing payment of the premises is more than $2.475 a month must file a

CDC

Declaration to abate an eviction case under the CDC Order or 1'l1e5,'upremeCourt

<?(Texas· Twenty-F(fih J::mergenly Order R(·garding the ( 'OVID-N State <?I

Disaster (or any subscqw:nt Supreme Court of Texas l:mcrgency Order on this

subject matter).

c. For residential eviction cases heard afler October I. 2020.

if a justice court finds

that the plaintiff/landlord has alleged grounds for the eviction case other than non-

payment of rent/housing payments as a pretext due to the dclcndant/tcnant

submitting a CDC Declaration to the plaintifltlandlord prio:- to the eviction case

being filed or was a pretext to circumvent paragraph 3

orthis order or the CDC

Order, the Justice Court shall abate or dismiss the case. The justice court may also

sanction the plaintiff/landlord or its agents for the pretcxtual Ii ling.

l'rige 2 or 6

f /\ sample CDC Declaration is allached to this order titled. Declaration wuler

I'ena/~1

ofl'erjwJji>r the ( 'entenji>r Disease C 'ontrol and Pre1·cntio11·.,·Tempora,y

Halt in Evictions to Prel'el1/ Further SiJreaJ o(COVID-/CJ. The sample declaration

or a similar declaration may be used.

g. If the CDC docs the CDC Order titled,

T<!111pora1J'not extend Halt in Residential

Evictions

to Pre,·enl the Further ,\11reacl ,~f('()VI IJ-19. heyond its Decemher 31,

2020 expiration date, then the provisions specifically and as narrowly construed

related to the CDC Order/Moratorium will no longer be appficable.

4. [n any action for eviction to recover possession of residential property under Chapter 24 or

the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure:

A sworn original, amended. or supplemental pi:tition containing '·a description of

the facts and grounds for eviction·· required

by Texas Ru:c of Civil Procedure

510.3(a)(2) must state whether or not:

1. The premises are a ··covered dwelling·· suhject lo Section 4024 of' the

CARES Act:

11. The plaintiffi'landlord 1s a ··11rnltifim1ily borrower" under forhcaranc..:e

subject lo Section 4023 of the CARES Act:

111. The plaintiff/landlord has provided the defendant with 30 days· notice to

vacate under Sections 4024(c) and 4023(c) of the C/\RES Act: and

1v. The defendant/tenant has provided the plaintiff/landlord with a declaration

under the Cenh:rs for Di seas<.: Control and Prevention ·s agency order, titled

TempormJ' I !alt in Residential /:'rictivn.1· to f'revenl the Furthff ,\JJreado/

COVID-19. ("CDC Order'") that took effect on September 4. 2020

b. Consistent with paragraph 3c of the Supreme Court of Texas· Twenty-Fifth

Emergency Order Regarding the COV[D-19 State of Disaster, plaintiffs/landlords

in all residential eviction cases arc required to file with the Justice Court. and serve

on the defendants/tenants. a sworn affidavit/or unsworn declaration under penalty

of perjury verifying the infi..m1rntion required in paragraph 4a

irthat information is

not apparent in the sworn original petition.

l'age 3 01'6

1. A justice court may dismiss without prejudice due to an insunicicnt

pleading, any eviction case covered under paragraph 4 after the

j usticc court

has provided notice to both parties that the information required in

paragraph 4 is potentially missing and giving the plaintiff1/landlord at least

14 days to cure the pleading.

11. Filing with the Justice Court a sworn affidavit/or unsworn declaration under

penalty of pcdury to verify the information required in paragraph 4a. and

serving it on the defendant/tenant, will be sufficient to meet the

requirements imposed by paragraph 4a and 4b.

111. Attached to this order is a sample sworn affidavit/or unsworn declaration

under penalty of pedury lo verify the information required in paragraph 4a,

titled

Ver(fication of Compliuna with Sections .JV13 and .J02.J,?f'the

CARES Act and the CDC Issued Federal Moratorium Order.

ff a

plaintiff/landlord wishes to use another form to comply with this order. the

substantive information contained in the sample must be contuined in the

plaintiff's form.

5. Any jury trial until February

I. 202 I must be tried remotely consistent with 111e Supreme

Court <d.Texas' Twenty-Ninth Emergency Ore/er ifoRarding the C'OVJD-11.J,",'tale<?l

Disaster.

6. This order does not diminish the Justices of the Peacc·s ability to continue to issue

judgments, orders. and rulings by submission if already authorized by law to

Jo so for non-

eviction cases.

7. In order to alleviate the threat of COVID-19 in county jails, the Justices of the Peace

temporarily suspend active warrants for all misdemeanor Class

C offenses from their

courts until February

I. 202 l. All the requirements and conditions of the warrants

previously signed by the Justices of the Peace remain in effect but arc suspended during

this state of emergency. For the effective suspension. the Trnvis County Sheriffs Office.

Page 4 nf6

Travis County Constables. and all other law enlorcement agencies arc directed to relate

this order to all law enforcement officers requesting confirmation of warrants. so that

they are aware not to bring Class C defendants to the jai

Therefore. all warrants for misdemeanor Class C offenses from the Justices of the Peace

arc temporarily suspended until February I.

2021. For the duration or this suspension, the

Travis County Sheriffs Office is ordered to not accept a defendant who solely has a

Class C misdemeanor warrant from the Travis County Justices of the Peace.

8. A justice court may require new filings to be limited to F-File (EFilcTexas.gov) or to the

Justice Court"s designated filing email as noticed in each Justice Court"s wehsitc.

9. Each justice court is authorized to limit building access to comply with any

recommendations/orders from county public health officials regarding limiting the number

of people in a public space or room. including but not limited to screening whether a

pcrson·s business with the Justice Court falls into court business and limiting the hours a

justice court is open to the public. If a justice eourt limits the hours it is open to the public.

notice of such limitations shall be posted on the Justice Cow1·s official website and at its

main entrance.

0. This order is in effect December 16. 2020 except as otherwise stated herein, and shall

remain in effect until modified/rescinded

hy the Travis County Justices of the Peace. The

time periods in this order may be extended in a subsequent order if required.

The undersigned Justice of the Peace has the necessary authority and authorization to sign this

order on behalf of the live Justices of the Peace in Travis County. All Justi<.:es of the Peace in

Travis County approve this order: Judges Yvonne Williams. Rnndall Slagle. Sylvia Holmes.

Ratti

Gonzalez. and Nicholas Chu.

Page :i of6

Signed on December 16, 2020 at 2:30 PM

r!CL

Judge Nicholas Chu

On behalf of the Justices of the Peace in Travis County, TX

Declaration under Penalty of Perjury for the Centers for Disease Comrol and Prevention 's

Temporary Halt in Evictions to Prevent Further Spread ofCOVID-19

(I page) and Verification of

Compliance with Sections 4023 and 4024 of the CARES Act and the CDC Issued Federal

Moratorium Order

(4 pages) sample documents are attached to this order

Page 6 of6

DECLARATION UNDER PE ALTY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION'S TEMPORARY