This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                


By:  Corte (Senate Sponsor - Janek)                               H.B. No. 3111
	(In the Senate - Received from the House May 5, 2005; 
May 8, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 20, 2005, reported 
favorably by the following vote:  Yeas 5, Nays 0; May 20, 2005, sent 
to printer.)


A BILL TO BE ENTITLED

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.



* * * * *