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πŸ›οΈ Single-Use Items/Plastic Bag Rules

Arlington vs Fort Worth

How do plastic bag rules rules compare between Arlington, TX and Fort Worth, TX?

Arlington and Fort Worth have similar restriction levels.

Arlington, TX

Tarrant County

Few Restrictions

After the 2018 Texas Supreme Court ruling in Laredo Merchants Association v. Laredo, Arlington cannot ban or tax single-use plastic checkout bags; only voluntary retailer programs apply.

View full Arlington rules β†’

Fort Worth, TX

Tarrant County

Few Restrictions

The Texas Supreme Court 2018 Laredo Merchants decision held the Texas Solid Waste Disposal Act preempts municipal plastic bag bans. Fort Worth has no plastic bag ban or fee and cannot lawfully adopt one.

View full Fort Worth rules β†’

Key Facts Comparison

FactArlingtonFort Worth
Controlling caseLaredo Merchants v. Laredo (2018)-
Preempting statuteTex. Solid Waste Disposal Act-
Local banProhibited-
Voluntary feesAllowed by retailers-
Controlling Case-Laredo Merchants 2018
Preempting Statute-Texas H&S Code Sec. 361.0961
Fort Worth Status-No bag ban or fee
Voluntary Programs-Reusable bag encouragement only

Highlighted rows indicate differences between cities.

Arlington FAQ

Can Arlington tax plastic bags at checkout?

No. The 2018 Laredo Merchants decision preempts local bag fees and bans. Only the Texas Legislature can authorize a state-level bag fee or change the preemption rule.

Can a store choose to charge for bags?

Yes. Voluntary retailer fees and reusable-bag programs are not preempted because they are private business decisions, not government mandates on bag use.

Fort Worth FAQ

Does Fort Worth charge a fee for plastic bags?

No. Fort Worth has no plastic bag fee or ban. The 2018 Texas Supreme Court Laredo decision preempts municipal bag regulations under the state Solid Waste Disposal Act, blocking any Fort Worth ordinance.

Can Fort Worth pass a plastic bag ban in the future?

Not under current Texas law. The Solid Waste Disposal Act preempts local bag regulation as interpreted in the Laredo case. The Texas Legislature would need to amend state law first.

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