NEW LAW CHANGES EMERGENCY MANAGEMENT RE-ENTRY AND EVACUATION AUTHORITY
House Bill 1831, passed in 2009, allows a mayor to enforce mandatory evacuation orders against individuals who refuse to leave a mandatory evacuation area. It also imposes civil liability on individuals who cause damage or injuries to others who must rescue them from a mandatory evacuation area as a result of their refusal to evacuate. The new law requires the state to make rules regarding uniform reentry procedures and credentialing after a mandatory evacuation. However, an affected city must be considered when the state makes the rules, and the city can adjust the rules if needed. The new law also requires a city to provide a post-disaster evaluation to the state division of emergency management not later than the 90th day after requested to do so by the division. For more information on city authority and duties in emergencies and disasters please see Emergency Authority for Local Officials.
Please contact the TML Legal Department with any questions at (512) 231-7400 or email legal@tml.org.
