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.
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