COVID. Can Counties in Texas extend eviction protections?

We’ve seen Legislatures throughout the country extend eviction protections in this COVID era.

The Texas Legislature isn’t in session in 2020, so the Texas Attorney General was asked whether counties could extend eviction protections.

The Attorney General’s answer: Nope. Not Going to Happen.

Why? Well, there’s a previous COVID opinion that also narrowly limits local authority. And then, there’s this gem “While local officials do possess certain emergency powers, efforts to amend the statutorily prescribed, statewide eviction procedures far exceed the requirement that those powers be exercised “on an appropriate local scale.”

It’d be like if I left the pantry door open with easy access to dog treats for my beagle. Do I trust the beagle to not consume all the accessible dog treats?

Texas Attorney General Opinion KP- 0324