Tex.
Gov't Code Section 418.185
Mandatory Evacuation
(a)
This section does not apply to a person who is authorized to be in an evacuated area, including a person who returns to the area under a phased reentry plan or credentialing process under Section 418.050 (Phased Reentry Plan).(b)
A county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by order may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area.(c)
The governor and a county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by a concurrent order may compel persons who remain in the evacuated area to leave.(d)
A person is civilly liable to a governmental entity, or a nonprofit agency cooperating with a governmental entity, that conducts a rescue on the person’s behalf for the cost of the rescue effort if:(1)
the person knowingly ignored a mandatory evacuation order under this section and:(A)
engaged in an activity or course of action that a reasonable person would not have engaged in; or(B)
failed to take a course of action a reasonable person would have taken;(2)
the person’s actions under Subdivision (1) placed the person or another person in danger; and(3)
a governmental rescue effort was undertaken on the person’s behalf.(e)
An officer or employee of the state or a political subdivision who issues or is working to carry out a mandatory evacuation order under this section is immune from civil liability for any act or omission within the course and scope of the person’s authority under the order.
Source:
Section 418.185 — Mandatory Evacuation, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.418.htm#418.185 (accessed Jun. 5, 2024).
