Our fair city and county are about to play host to some of the refugees from Hurricane Rita (and probably Hurricane Katrina). The mayor has issued a Proclamation declaring a disaster and activating the city's emergency management plan. (This is all in preparation to get reimbursement from the feds). We think that the County may need to also take a similar step so that we can get reimbursed as well.

I think that for the County to make a declaration similar to the City, we would need to have an emergency commissioners court meeting. Am I right, or can the County Judge take this sort of unilateral action in an emergency?

Check chapter 418, Government Code. It might provide help you. Doesn't the emergency management plan specify who will declare an emergency?

Janette Ansolabehere

Goverment Code 418 it is, and remember that this law was amended effective a few months ago by HB3111(Regular Session) to permit the County Judge or Mayor (County Judge wins if there is a dispute) to order an evacuation and control ingress to and egress from a disaster area. That's more for the coastline than you, but figured it's worth saying.

I appreciate the help!

I suspett that you will find that the County Judge may make the declaration of emergency or disaster. Then the Commissioners Court within seven days may keep it in effect for some time period thereafter.

Lubbock County has hosted both Katrina and Rita "displaced citizens." (FEMA prefers we not refer to them as refugees.) We also have 14 members of our Sheriff's Department and our Mobile Operations Vehicle on site in (I think) Port Arthur, assisting local law enforcement. We are currently operating under two separate emergency declarations, one for each hurricane. We used language tracking Section 418.108 of the Government Code. We declared local emergencies as a back-stop to relying on the emergency declarations of the governor. With FEMA you can never be too sure. In addition to merely declaring a local emergency, you may want to consider adding a provision to your emergency decalration exempting your county's purchasing agent from the competitive bidding requirements for emergency purchases, pursuant to Local Gov't Code Section 262.024(1-3).

It has a "Gone With the Wind" feeling about it.