Plastic Bag Rules: Dallas vs Irving

Does Dallas have a plastic bag ban?

No. Dallas briefly had a 5-cent bag fee in 2015 but repealed it after a preemption lawsuit. There is no local bag ban or fee, and Tex. Health & Safety Code § 361.0961 prevents the city from enacting one.

What happened to the old Dallas bag fee?

The 5-cent fee in former Dallas City Code § 18-13 took effect January 1, 2015 and was repealed in June 2015 after the Texas Retailers Association sued, citing § 361.0961. The Texas Supreme Court later confirmed the preemption position in City of Laredo v. Laredo Merchants Ass'n (2018).

Could Dallas charge a bag fee again?

Not under current law. Section 361.0961(a)(2) specifically forbids local 'fee or deposit on the sale or use of a container or package.' Only the Texas Legislature can change this — Dallas cannot create a workaround through anti-litter or stormwater framings, which Laredo Merchants foreclosed.

Can Dallas County charge a fee on plastic shopping bags?

No. The Texas Supreme Court 2018 Laredo decision ruled that Health and Safety Code 361.0961 preempts cities and counties from banning or charging fees on single-use bags anywhere in Texas, including Dallas County.

Are reusable bag programs allowed in Dallas County?

Yes. Stores and county outreach can encourage voluntary reusable bag use and offer discounts. Only mandatory bans, fees, or regulatory schemes are preempted by the Solid Waste Disposal Act under the Laredo ruling.