New Texas law allows enforced evacuations

[Texas SpeedDiva]

I've heard this on the radio, but haven't located anything in local papers. I did find this article in the Corpus Christi paper regarding this new law. I will keep looking for additional information

CORPUS CHRISTI, Texas—Police can arrest people who don’t leave town under mandatory evacuation orders under a new state law that goes into effect in the heart of Texas’ hurricane season.

The law was passed this year and is effective Sept. 1. It also applies to other disasters, such as fires or floods.

As it stands, officials cannot compel people to evacuate, only warn that those who stay behind won’t have any emergency services at their disposal.

The Corpus Christi Caller-Times reports the new law gives county judges and mayors the power to authorize use of “reasonable force” to remove people from the area.

[BaytownWeatherWatcher]

I saw it on Ch2 last night on the 10pm news. How can they enforce this? And what about those of us who are the last to be evacuated according to the zip zone. During Ike, part of our zip code area in Baytown, didn't get the mandatory evac calls until the morning before Ike came onshore. We even held classes for a half day that day! And my campus was in the mandatory evacuation zone! Also, we had very little student absences that day. I can understand enforcing the evacuation if the people are in an area where it is most certain that people will die such as Bolivar if they stay. But folks that are well inland and are last to be evacuated doesn't make sense. They told us during Ike if you weren't in a surge zone, stay put. Which is what I did. The highways cannot handle everyone leaving, even staggered evacuation.

[Texas SpeedDiva]

Good questions BWW. I think that this is one of those laws that is going to have to have some (or a lot of) bugs worked out. There will need to be some sort of happy medium reached or we will have another Rita evacuation scenario on our hands. And if people aren't evacuating because they can't afford to do so, how can they afford to be fined for not evacuating?

That's why I am trying to track down more info - like the actual law that will go into effect. I am hoping that it may have a little more detail than what was on the news and in the article I found.

[BaytownWeatherWatcher]

A Baytown Sun reporter wants opinions on this new law. Here's the post he/she just posted on a local Baytown news board:

Baytown Reporter

I'd like to write an article about local residents' opinions of this law.

If you are interested, please PM me with your first and last name and the answers to the following questions:

What is your opinion of the new law? Agree? Disagree?

(I've read the comments and noted some of you see flaws in this law.)

Therefore, what solution(s) would you propose to make this law more palatable to the public?

Thanks in advance for your response.Here's the link and it's post #12: http://www.hotpursuit.cc/forum/new-law-allows-arrests-those-t14649.html?p=70719#post70719

You'll have to PM the person, but I encourage you to do so. I think we have good discussions here, but we need to be heard on a wider range with this one. TSD, you've made excellent points regarding affordability. Please contact the reporter!

[Texas SpeedDiva]

Here is the link to the story Ch. 2 ran last night on this

http://www.click2houston.com/news/20188115/detail.html

I understand the reasoning behind this. People are told to evacuate and are under a mandatory evacuation order. They don't. And then when things get bad, they are calling police or fire to come rescue them and endangering the lives of the first responders. I realize that it's broad sweeping for any situation requiring a madatory evacuation I'm just not sure how it's all supposed to work in reality.

[ticka1]

Here is my reply over at hot pursuit:

How about if your husband is required and I am too - once the storm is over with having to return to work - will this law guarantee my job and keep me from getting fired?

I think its my right if I want to ride out a storm and risk my life that I should be able to do so with govt telling I can or can't. It took me 22 hours to evacuate to Sequin during Hurricane Rita - I will never go through that hell again and it was expensive.

Some folks spend extra money to build houses that can withstand hurricane cat 3-4 winds - I am not in a flood zone or even storm surge area - but I'm still in one of the evacuation zones. You are going to waste manpower arresting folks in a negative way instead of assisting the folks that are in harm's way and want to leave.

My thoughts is if you want me to leave - pay for my gas and my hotel accomodations and I'll leave.
__________________

[ticka1]

I can understand this law for folks like the ones at Gilchrist/Bolivar and that area that got slammed by IKE even before the storm hit. But then again the govt of Galveston county didn't call a mandatory evacuation until hours before the storm hit. The media didn't help and even the NHC didn't help proclaiming a model run having the storm going to Brownsville two-three days before it hit. Media needs to stop the fear-mongering and state the facts plain and simple. If you are in the cone per the NHC and on the immediate coastline - you are in danger.

There is no easy solution to this problem - its one where everyone has to get involved and educate folks. I think Hurricane Ike educated alot of folks about storm surge that never knew how dangerous this was during a storm.

I think folks along the immediate coastline maybe this should apply too but all evacaution zones - NO - too many leaving and roads will be chaos for those that want to leave.

[BaytownWeatherWatcher]

I can understand this law for folks like the ones at Gilchrist/Bolivar and that area that got slammed by IKE even before the storm hit. But then again the govt of Galveston county didn't call a mandatory evacuation until hours before the storm hit. The media didn't help and even the NHC didn't help proclaiming a model run having the storm going to Brownsville two-three days before it hit. Media needs to stop the fear-mongering and state the facts plain and simple. If you are in the cone per the NHC and on the immediate coastline - you are in danger.

There is no easy solution to this problem - its one where everyone has to get involved and educate folks. I think Hurricane Ike educated alot of folks about storm surge that never knew how dangerous this was during a storm.

I think folks along the immediate coastline maybe this should apply too but all evacaution zones - NO - too many leaving and roads will be chaos for those that want to leave.


well said.

[Texas SpeedDiva]

I think folks along the immediate coastline maybe this should apply too but all evacaution zones - NO - too many leaving and roads will be chaos for those that want to leave.

That's why I want to track down the actual law, because this is so broad sweeping that it could be a case of the cure being worse than the illness.

[ticka1]

If and when you do find it TSD - can you post it here. Would love to read it myself.

[Texas SpeedDiva]

Success! It's Sec 418.185 of HB 1831

Ok, I feel better about this now. I think, unless I missed something in my quick scan of the law, that it has been blown out of proportion by the media (big surprise I know) If someone reads it differently please let me know. My understanding is that it gives the counties the authority to order the mandatory evacuations and enforce them - like at Gilcrest, Boliver.... AND if you ignore the mandatory order and stay and THEN call for help during the storm - you will potentially have to pay the cost for your rescue. And I guess if you are so freaked out and fighting your rescue and the cop has to knock you out - you can't sue them for assault or something like that.

It's Sec 418.185 of HB 1831

HB 1831 by Corte Relating to emergency management and to certain vehicles used in emergencies. As amended, this bill address certain issues that affect the state's ability to provide emergency relief, including evacuation and phased reentry, temporary home repairs, volunteer coordination and awareness, and agribusiness and public information awareness. Among many items, the legislation grants authority to county judges to order mandatory evacuations and exercise the use of reasonable force to ensure compliance. The bill also establishes civil liability for someone who requires rescue after defying a mandatory evacuation order and provides for immunity for an officer or employee of a political subdivision who must evacuate someone. Effective 6-19-09.

You can click on the link and go down to the enrolled version to read the bill (as passed and signed into law in it's entirety) at http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=HB1831

I will have to read this in more detail later

[BaytownWeatherWatcher]

I found this:
http://www.legis.state.tx.us/Search/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTLO%2fTLO.dbo .vwCurrBillDocs%2f81%2fR%2fH%2fB%2f01831%2f5%2fB%4 0TloCurrBillDocs&QueryText=mandatory+evacuation&HighlightType=1

Sec.418.185. MANDATORY EVACUATION.
(a)This section does not apply to a person who is authorized to be in an evacuated area, including a person who returns to the area under a phased reentry plan or credentialing process under Section 418.050.

(b)A county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by order may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area.

(c)The governor and a county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by a concurrent order may compel persons who remain in the evacuated area to leave.

[srainhoutx]

http://texasarchitect.org/pdfs/HB1831.pdf

:popcorn:

[Texas SpeedDiva]

just a little light reading