Texas Hurricane Evacuation Law

The Houston Chronicle reported in an August 3rd article that House Bill 1831will give Texas mayors and county judges who order, for example, a hurricane evacuation the authority to remove residents who refuse to evacuate.  See, Radcliffe, Jennifer, “New Law Puts Teeth In Evacuation Orders,” Houston Chronicle, 8/3/09, p. B1.  According to the article, officials from Galveston to La Marque to Kemah are guardedly optimistic that the new state legislation will persuade more people to evacuate from flood-prone communities during a hurricane.  In this regard, if rescue teams have to pluck a person from a storm area after they refuse to evacuate, the resident could also be liable for the cost of a rescue, under the legislation that takes effect September 1.  A Galveston County Sheriff stated that recouping costs of rescuing people who stay in a hurricane has merit when they stay and then have to be rescued.  According to a La Marque Fire Chief quoted in the article, “It’ll be basically up to the officer’s discretion to enforce it (statute) or not.”  The legislation’s co-sponsor, State Representative Craig Eiland, added that the legislation is “another tool to help encourage people to heed evacuation warnings.” 

Texas law also offers protections to employees who leave the workplace in certain emergency situations.  Under Chapter 22 of the Texas Labor Code, an employer may not discharge or in any other manner discriminate against an employee who leaves the employee’s place of employment to participate in a general public evacuation under an emergency evacuation order.  Pursuant to Texas Labor Code Section 22.001(2), emergency evacuation order means an official statement issued by the governing body of this state or a political subdivision of this state to recommend the evacuation of all or part of the population of an area stricken or threatened with disaster.  In this regard, the Texas Labor Code defines disaster to include, for example, the occurrence or imminent threat of widespread damage from, for example, wind, flood, storm or wave action. 

Chapter 22 of the Texas Labor Code provides employees with certain relief but also contains certain restrictions.  Consequently, victims of employment related hurricane evacuation discrimination in Texas can contact an attorney to determine if an unlawful termination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential wrongful employment termination or adverse action claim.