New Texas Law

[Trashman]

New Texas law may change rules of evacuation
7/26/2009 3:19 PM
By: Associated Press

CORPUS CHRISTI – 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 goes into effect 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.

[sinton66]

Wonder if the citizens get to sue the city/county after the disaster is over and the looters hit? Just another example of our government deciding they know better whats best for everyone than the people themselves. My house has been through numerous hurricanes and has never been damaged.

[rockdale80]

Originally posted by sinton66
Wonder if the citizens get to sue the city/county after the disaster is over and the looters hit? Just another example of our government deciding they know better whats best for everyone than the people themselves. My house has been through numerous hurricanes and has never been damaged.

Blame Obama. He dicates state law too. :D :D

[Txbroadcaster]

Originally posted by sinton66
Wonder if the citizens get to sue the city/county after the disaster is over and the looters hit? Just another example of our government deciding they know better whats best for everyone than the people themselves. My house has been through numerous hurricanes and has never been damaged.


wonder if the city/county would start charging for going in and having to dig out the dead bodies of people to hard headed or stubborn

sometimes in life you "valuables" are far less important to your safety

[Sweetwater Red]

Definitely agree with TxBC here. Who do you
think pays for those helicopters that are picking
those stubborn people off their roof tops while
their possessions float away?:thinking:

[OldBison75]

This law is a prime example of the politicians not thinking through the consequences of thier votes. For example, if a person chooses to stay on thier own property, at thier own risk, and is injured or loses property, they cannot sue the local government for not forcing them to leave as the law is now. They also cannot sue the local government if they choose to evacuate and thier home is looted the way the current law is written.

Under the new law, the person that tries to stay can be arrested and placed in a jail. Where is the jail gonna be--in the mandatory evacuation zone?--or or the jails gonna be emptied also? If they are arrested, the local government now accepts responsibility for the safety and security of the personal property they were in possession of at the time of arrest, (the home) from and can be sued for not protecting it. It is exactly like the law that police use to search and tow a vehicle that you are arrested in--they must inventory the vehicle and secure it by towing it to a secure location if you are not allowed to have it removed or stored at your own expense.

If the police decide not to enforce this law and let you stay and you areinjured or killed, the local government can now be sued for not enforcing a law when they knew you were in imminent danger and allowed you to stay.

I hope the state is willing to be a party to these potiential lawsuits as they will be named as parties to the suit. And, as for the comment about who pays for the helicopter plucking people from roofs and such, as the current legal system stands, the local government has no legal obligation to rescue people that have ignored an evacuation order. They do it because of moral obligations and there is time to do it safely, but not because they have too. Plus, the same dollars we now spend on these rescues will be spen under the new law for increased lawn enforcement costs, transportation of these people being jailed, and cost of food, clothing, and medical expenses for these people. If they are arrested and under medical care, the jail is responsible for providing competent medical care including prescription drugs and physician visits.