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.(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.Tex. Gov't. Code § 418.185
Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. 9/1/2009.