Drastic Measure: Law makes failure to comply with hurricane evacuations illegal

A new law takes effect Sept. 1, which gives county judges and city mayors the authority to have people arrested if they fail to comply with mandatory evacuation orders during disasters.

The law also states a county or municipality can bill the individual, who failed to comply with the mandatory evacuation order and later needed to be evacuated, for services rendered.

Although the law takes effect at the peak of hurricane season, it also pertains to other disasters such as flooding and fires.

How enforceable it is remains to be seen, said Cameron County Judge Carlos H. Cascos, who called the measure "drastic." Cascos like other county judges throughout the state have the authority to issue a mandatory evacuation for each individual county.

"I hope that it doesn’t get to that because we don’t have anyplace to put them (the arrested people,)" Cascos said.

The law or House Bill 1831 was sponsored by State Rep. Frank Corte Jr. R-San Antonio, gives officials the right to authorize the "use of reasonable force" to remove an individual from the affected area.

It also states a person will be held "civilly liable" for the case of the rescue effort if the person has to be rescued by a governmental entity.

Cascos said the new law gives judges and mayors a tool to show those individuals who refuse to leave that they could face consequences such as being arrested and having to reimburse counties and municipalities.

He added some type of public service annoucement campaign would need to occur as well to familiarize residents with the new law.

Brownsville Mayor Pat M. Ahumada Jr., supports the new law and said he would have no qualms about arresting someone who put his family in danger by failing to comply with a mandatory evacuation order.

If it was a person deciding for the safety of himself, the mayor would look at each individual on a "case by case situation.’" Ahumada said.

However, if the individual was putting his family at risk; the mayor said "I would throw the book at him if he put his wife and children at risk. When authorities take that kind of position it is not a decision that is not done lightly."

Ahumada said he also supports the law because he does not want to put law enforcement officials at risk for having to go conduct checks on individuals, who decided not to abide by the order.

Over the past few years, officials have ordered voluntary evacuations only. One was issued in 2005 during Hurricane Rita and another in 2007 during Hurricane Dean.

Cari Lambrecht, public information officer for Hidalgo County, said the likelihood of Hidalgo County officials going out and arresting residents who do not abide by the law is "slim."

"We don’t have the manpower," Lambrecht said, adding the residents have been repeatedly told that if they choose to stay behind after an order has been issued, "you do it at your own risk."

Like Brownsville, Lambrecht said authorities could consider each person’s situation on a case by case issue, but reiterated "we just don’t have the manpower to get out and arrest people for not leaving. We have bigger tasks" such as searching for and rescuing residents.