Eclipse preps: Central Texas judges issuing disaster declarations

Editor's Note: The video above explains how to safely take photos of the eclipse

AUSTIN (KXAN) – As the moon casts its shadow across Central Texas in a once-in-a-lifetime solar eclipse, county officials expect every city, town and hamlet to be brimming with visitors on April 8, and many are preemptively issuing disaster declarations to prepare.

County judges in and around the Hill Country told KXAN they are issuing the declarations to give themselves additional power to handle the consequences of the tourism tidal wave expected to accompany the celestial event.

Among many anticipated problems, price gouging isn’t topping the list of concerns among local county judges, at this time.

Travis County Judge Andy Brown’s office issued a disaster declaration on March 8, in anticipation of crowds that could double the county’s population, cause “extreme traffic congestion” and result in “enormous strains on first responders and law enforcement organizations,” according to the declaration.

“We just want to make sure that we as the county have the power to, if we need, to close off roads or make access for emergency vehicles and first responders to get through to make sure everybody has a safe, happy, good experience watching the eclipse,” Brown told KXAN in an interview Wednesday. “What the disaster declaration does is it makes it easier for us to require things that are going to make it easier for emergency vehicles to get around.”

Burnet County Judge James Oakley issued a disaster declaration on March 12 that will be effective for six days surrounding the eclipse. Oakley said he’s primarily concerned with issuing a burn ban. He “couldn’t normally do one” without the KBDI – a moisture index that helps predict wildfire probability – being high enough, he said.

Eclipse cartographer Michael Zeiler estimates Texas could see 1.2 million visitors along the eclipse path – that's 10% of the 12 million people living in the pathway. On the high end, Zeiler estimates Kerr County's city of Kerrville, which has a population of about 25,000, could potentially host more than 100,000 visitors.

Kerr County Judge Rob Kelly issued a disaster declaration on March 4.

"The measure was necessary if the county hopes to receive any state assistance or resources to help with the anticipated strain from eclipse crowds," the county said in a news release.

KXAN contacted every Central Texas county judge's office in our coverage area and found more than half have made a disaster declaration or have plans to declare one at some point.

In Texas, county judges like Brown, Oakley and Kelly are the heads of county commissions. They are like mayors leading city councils, and they don’t handle criminal courts.

To help develop a traffic plan, Brown said his office will require people in unincorporated areas of the county to register with the Fire Marshal’s Office if they are having 50 or more people on their property.

Most of the counties that aren’t issuing a disaster declaration are located east of the path of totality, which is the roughly 120-mile swath where the moon’s shadow will completely cover the sun for up to four and a half minutes, according to greatamericaneclipse.com. The duration of the shadow depends on the proximity to the center of the path.

One problem people often associate with disasters is price gouging. Brown said it will be on his radar but isn’t his number one concern.

Price gouging

Price gouging is defined as selling, leasing or demanding an “exorbitant or excessive” price for “fuel, food, medicine, lodging, building materials, construction tools, or another necessity" when a disaster is declared by the governor or president, according to the state statute.

Local disaster declarations, like the one declared by Brown in Travis County, do not have the same protections, his office told KXAN Thursday after consulting with the county attorney.

Brown was told the county could "amend" the declaration to include gouging but emergency services officials did not recommend that because "it's not a concern as of right now," his office said.

Still, he urged anyone in Travis County who witnesses price gouging during the eclipse to file a formal complaint with the county attorney.

“Under the Texas Deceptive Trade Practices Act, price gouging is illegal, and the Office of the Attorney General has authority to prosecute any business that engages in price gouging after a disaster has been declared by the governor,” according to Attorney General Ken Paxton’s website.

Gov. Greg Abbott has not declared a disaster related to the eclipse. His office did not respond to KXAN’s requests for comment about whether they may issue a declaration. Price gouging authorities are also activated by a presidential disaster declaration, according to state law.

State disaster declarations have typically been issued for severe weather events, like hurricanes, wildfires, floods and ice storms. Price gouging complaints can be submitted online through Paxton’s office here or by phone at 1-800-621-0508.

Paxton’s office has taken action against price gougers during natural disasters, following declarations issued by Abbott.

His office sued multiple gas stations after Hurricane Harvey in 2017 and required refunds to customers. KXAN exposed dozens of price gouging complaints at a Robstown hotel after that storm. State officials investigated, and the hotel ultimately lost its affiliation with a national chain and provided customer refunds.

Amid the pandemic, Paxton’s office fielded thousands of price gouging complaints and, in one case, sued an auction company for high-priced medical masks.

KXAN asked Paxton’s office to comment for this story but his press office never responded.

"I want everybody who comes here and everybody who lives here to have a safe and fun time seeing the eclipse," Brown said. "I'm very excited. My kids are excited. It's neat. You know, I know there's a lot of people that travel thousands of miles, from across the world to see this, that are probably more excited than I am even."