Document Type

Article

Publication Date

7-2020

Journal Title

Texas Tech Law Review

ISSN

0564-6197

Abstract

We see emergencies within our lives and communities every day without much fanfare. However, when emergencies impact entire neighborhoods, communities, or regions, they become disasters. Depending on its severity, residents can be forced to flee in search of safety. Texas has had nearly five times the annual average of federal disaster declarations than that of any other state in the union. To manage emergencies and disasters, Texas law affords local governments numerous powers, including the authority to order evacuations. While many states have a single mechanism to enforce evacuation orders, Texas has both a civil (recovery of rescue expenses) and criminal (misdemeanor offense) enforcement mechanism. While the criminal mechanism has a misdemeanor offense tied to it, the civil mechanism allows jurisdictions to recover the cost of a rescue from people who ignored an evacuation order. This Article examines Texas's dual enforcement approach and the need for a statutory exception. This Article does not examine (1) whether "mandatory" evacuations constitute a Fifth Amendment "taking" or (2) whether a moral duty to rescue exists during a disaster.

First Page

725

Last Page

742

Num Pages

18

Issue Number

4

Publisher

Texas Tech University School of Law

FIle Type

PDF

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