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79R9606 T

By:  Corte                                                        H.B. No. 3111



A BILL TO BE ENTITLED

AN ACT

relating to the ability of a presiding officer of a local governing 
body to order an evacuation during a declaration of an emergency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 418.108, Government Code, is amended by 
adding new subsections (f) and (g) to read as follows:
	(f)  The presiding officer of the governing body of a 
political subdivision may order the evacuation of all or part of the 
population from a stricken or threatened area in the state if the 
presiding officer considers the action necessary for the 
preservation of life or other disaster mitigation, response, or 
recovery.
	(g)  The presiding officer of the governing body of a 
political subdivision may control ingress and egress to and from a 
disaster area and the movement of persons and the occupancy of 
premises in the area.
	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.