H.B. No. 3111




AN ACT

relating to authorizing the presiding officer of a political 
subdivision to order an evacuation in certain emergency 
circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 418.108, Government Code, is amended by 
adding Subsections (f), (g), and (h) to read as follows:
	(f)  The county judge or the mayor of a municipality may 
order the evacuation of all or part of the population from a 
stricken or threatened area under the jurisdiction and authority of 
the county judge or mayor if the county judge or mayor considers the 
action necessary for the preservation of life or other disaster 
mitigation, response, or recovery.
	(g)  The county judge or the mayor of a municipality may 
control ingress to and egress from a disaster area under the 
jurisdiction and authority of the county judge or mayor and control 
the movement of persons and the occupancy of premises in that area.
	(h)  For purposes of Subsections (f) and (g):                           
		(1)  the jurisdiction and authority of the county judge 
includes the incorporated and unincorporated areas of the county; 
and
		(2)  to the extent of a conflict between decisions of 
the county judge and the mayor, the decision of the county judge 
prevails.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3111 was passed by the House on May 4, 
2005, by the following vote:  Yeas 142, Nays 0, 1 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 3111 was passed by the Senate on May 
24, 2005, by the following vote:  Yeas 30, Nays 1.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor