Disaster declarations do not grant local elected officials authoritarian power to trample on Texans’ constitutional rights and God-given liberties.
Key points:
- Chapter 418 of the Texas Government Code grants state and local authorities temporary emergency powers to protect public health and safety.
- In some cases, these emergency powers have given rise to government overreach, as was evidenced with Tarrant County’s executive order allowing it to seize private property.
- Eminent domain authorizes governmental entities to take private property through due process and requisite compensation.