Plastic Bag Rules: Allen vs Frisco
How do plastic bag rules rules compare between Allen, TX and Frisco, TX?
Allen and Frisco have similar restriction levels.
Allen, TX
Collin County
The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.
View full Allen rules →Frisco, TX
Collin County
After the 2018 Texas Supreme Court ruling in City of Laredo v. Laredo Merchants Association, Texas cities including Frisco may not ban or charge fees on single-use plastic bags, leaving consumer choice to retailers and shoppers.
View full Frisco rules →Key Facts Comparison
| Fact | Allen | Frisco |
|---|---|---|
| Statute | HSC 361.0961 | - |
| Key Case | Laredo v. Laredo Merchants 2018 | - |
| Preemption | Mandatory bag bans void | - |
| Voluntary Programs | Permitted | Common in Frisco retail |
| Preempting Statute | - | Texas HSC §361.0961 |
| Case | - | Laredo v. Laredo Merchants 2018 |
| Local Ban | - | Not allowed |
Highlighted rows indicate differences between cities.
Allen FAQ
Can any Texas city still enforce a plastic bag ban?
No. The 2018 Texas Supreme Court ruling invalidated all municipal plastic bag bans statewide, and HB 2127 (2023) further reinforces preemption against local solid waste packaging restrictions.
Can a city charge a fee for plastic bags instead?
No. The court interpreted Section 361.0961 broadly to cover both outright bans and fee-based restrictions adopted for solid waste management purposes.
Can retailers voluntarily stop offering plastic bags?
Yes. Private retailers retain the right to choose what packaging to provide. The preemption only restricts government-mandated bans, not voluntary business decisions.
Frisco FAQ
Can Frisco require stores to charge for bags?
No. The Laredo Merchants ruling treats bag fees as the practical equivalent of a ban, and Texas HSC §361.0961 preempts both. Voluntary fees are still allowed.
Are paper bags or thicker reusable bags exempt?
The preemption focuses on plastic but applies broadly to any container regulated as solid waste. Frisco has not attempted to regulate paper or reusable bags.
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