Texas Attorney General Ken Paxton says local governments can't stop or delay evictions
Texas Attorney General Ken Paxton advised Friday that local Texas governments' attempts to delay evictions for renters grappling with the COVID-19 recession amounted to rewriting state law — something they can't do, he said in nonbinding legal guidance.
“While local officials do possess certain emergency powers ... statewide eviction procedures far exceed the requirement that those powers be exercised 'on an appropriate local scale,'” Paxton said in a letter. “Government Code does not authorize local governmental entities operating under a declared disaster to independently rewrite state law as it applies to their jurisdiction to prohibit, delay, or restrict the issuance of a notice to vacate.”
Paxton’s letter, issued in response to a question from Republican state Sen. Brandon Creighton of Conroe, seems to chide local officials like Austin Mayor Steve Adler, who last month extended the eviction moratorium in the city until Sept. 30. Travis County Judge Sam Biscoe extended his ban until the same date. In other counties, like Harris and Dallas, some justices of the peace have decided to not hear evictions. It is unclear if Paxton’s opinion will influence those judges.
Adler said in a statement that his orders were lawful and “do not amend statewide eviction procedures,” but rather aim to "reduce person-to-person contact to slow the spread of COVID-19.”
Hector Nieto, a spokesperson for Travis County, said officials there are reviewing the opinion.
https://www.texastribune.org/2020/08/07/texas-evictions-coronavirus-ken-paxton/
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