Can you be arrested for not evacuating during a hurricane? What Texas law says

With Hurricane Milton increasing in intensity as it approaches landfall in Florida, millions of residents have either evacuated or are preparing to before the tropical storm hits.

Though weather forecasters and government officials predict devastation due to Hurricane Milton, some have chosen to ride out the storm or do not possess the means or resources to leave what will be heavily impacted areas despite mandatory evacuation orders.

What happens if residents decide to stay put? Here is what the law says.

What happens if you ignore evacuation orders?

Residents can choose to remain in place during mandatory evacuation orders if they lack financial resources, have medical conditions, or do not want to leave their homes, vehicles, or pets behind.

However, staying can have both personal and legal ramifications.

Texas has laws providing that people who refuse an order to evacuate are civilly liable for the costs of a later rescue, while it is making it clear that such a rescue may not come at all, according to The Reeves Law Group.

Texas government code 418.185 indicates that persons can be held liable if:

• The person knowingly ignored a mandatory evacuation.
• Engaged in an activity or course of action that a reasonable person would not have engaged in.
• Failed to take a course of action a reasonable person would have taken.
• The person’s actions under Subdivision (1) placed the person or another person in danger.
• A governmental rescue effort was undertaken on the person’s behalf.

Tips for evacuating during a hurricane

If you have a disability or special needs and need help evacuating, you should register with your local emergency management agency or statewide special needs registry to receive assistance during a disaster.

Here are more tips for people trying to evacuate:

• Food and water for several days
• Medical supplies and prescriptions Important documents in waterproof containers
• Cash and credit cards
• Cell phone and charger
• Clothing and hygiene items
• Pet supplies

Also, do the following:

• Know your evacuation routes
• Keep your gas tank at least half-full at all times
• Know where to meet up if you get separated
• Pick an out-of-state contact and get in touch
• Make a plan for your pet(s)

The Texas Hurricane Center also advises:

• Put together an emergency supply kit.
• Create a communication plan with your family.
• Review evacuation routes.
• Find a local shelter, e.g. Red Cross Shelters.
• Visit Drivetexas.org for flooded roads and conditions.
• Sign up for your community or county warning system. Follow local weather alerts.
• Register for STEAR if you or anyone you know will need some assistance in an emergency event.

What to do if your area is in the path of a hurricane

• If local officials tell you to evacuate, do so immediately.
• Determine how best to protect yourself from high winds and flooding.
• Take refuge in a designated storm shelter or an interior room for high winds.
• Go to the highest level of the building if you are trapped by flooding. Do not climb into a closed attic. You may become trapped by rising flood water.
• Do not walk, swim, or drive through flood waters. Remember: Turn Around. Don’t Drown! Just six inches of fast-moving water can knock you down, and one foot of moving water can sweep your vehicle away.