Plastic Bag Rules: Arlington vs Keller
How do plastic bag rules rules compare between Arlington, TX and Keller, TX?
Arlington and Keller have similar restriction levels.
Arlington, TX
Tarrant County
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 →Keller, TX
Tarrant 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 Keller rules →Key Facts Comparison
| Fact | Arlington | Keller |
|---|---|---|
| Controlling case | Laredo Merchants v. Laredo (2018) | - |
| Preempting statute | Tex. Solid Waste Disposal Act | - |
| Local ban | Prohibited | - |
| Voluntary fees | Allowed by retailers | - |
| Statute | - | HSC 361.0961 |
| Key Case | - | Laredo v. Laredo Merchants 2018 |
| Preemption | - | Mandatory bag bans void |
| Voluntary Programs | - | Permitted |
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.
Keller 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.
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