• 84°

Chairman Phelan Requests Attorney General Opinion on Whether or Not Local Officials May Deny Homeowners Access to Their Property During a Disaster

Dade Phelan

Austin, Texas – Representative Dade Phelan has submitted an opinion request to Texas Attorney General Ken Paxton on whether a local governmental entity under an emergency declaration has the authority to prevent an owner of a second home from occupying their property.

“Some local officials in Texas have taken advantage of the uncertainty created by the current crisis and used that uncertainty to impose laws within their jurisdiction that are blatantly unconstitutional,” Representative Phelan said. “This is a private property rights issue. The government does not, and should not, have the power to deny a lawful homeowner access to their property.”

You can view the official request for opinion here.