People who have to be plucked from rooftops or flooded houses during the next bad storm might end up getting a bill from their rescuers.
Under regulations passed without much notice during this year’s legislative session, people who refuse to evacuate and put themselves in danger are liable for whatever it costs to rescue them.
The legislation also gives county judges and mayors who order a mandatory evacuation the authority to compel residents to leave.
Although House Bill 1831 does not say how residents might be forced to evacuate, it likely would fall to local law enforcement agencies to carry out the order, a task that’s completely impractical, Galveston Police Chief Charles Wiley said.
“It’s largely symbolic, and it sends a strong message,” he said. “I’m an advocate for early evacuation, but I don’t see how in the world we could enforce it.”
Surprise Power
Galveston officials estimate about 20,000 people stayed on the island after Mayor Lyda Ann Thomas issued the evacuation order ahead of Hurricane Ike.
Under the new legislation, all of those people would be breaking the law, and it would be a police officer’s duty to arrest them, Wiley said.
But even if the officers could round them all up, there’s nowhere to put them, Wiley said.
The legislation, which takes effect Sept. 1, caught city officials by surprise.
Thomas did not return calls seeking comment, but a statement released by the city Monday afternoon in response to questions said officials planned to “thoroughly examine” the new regulations.
“City leaders will study the intent of the legislation to determine how it potentially changes standing evacuation procedures and policies,” the statement said.
Implementation Key
Although mayors and county judges can make an evacuation mandatory, they have not been able to enforce the order, until now.
State Rep. Craig Eiland, D-Galveston, said the legislation was really designed to do two things — to reduce the risks to rescue teams saving people who didn’t leave and to give law enforcement agencies a tool to stop people who stay in a disaster area intent on criminal activity.
“I understand people being concerned at first blush, but to me it’s the implementation of the law that is going to be the test of whether it’s good or not,” Eiland, one of the bill’s co-authors, said.
“I think it will come in most handy after an evacuation for the people who remained behind and ignored the mandatory evacuation, so that we have additional tools against some people who should not be here and are here with vandalizing or burglarizing or looting intentions.”
Encouraging Responsibility
After Hurricane Ike, state officials also were concerned about the rescue teams who put their own lives in jeopardy to save people who refused to leave, especially on the Bolivar Peninsula, Eiland said.
Hundreds of people were rescued by city, state and county law enforcement agencies in Galveston, on the Bolivar Peninsula and in other low-lying parts of Galveston County during the storm.
Rescue costs were not immediately available.
Asking people to pay for irresponsible behavior that puts public safety officials at risk is not uncommon in other parts of the state, Galveston County Sheriff Freddie Poor said.
The San Antonio Fire Department charges people $400 for a rescue if they’ve driven into high water or past barricades blocked flooded roads.
“It helps make people more responsible for their actions,” Poor said.
