Plastic Bag Rules: Dallas vs Richardson
How do plastic bag rules rules compare between Dallas, TX and Richardson, TX?
Dallas and Richardson have similar restriction levels.
Dallas, TX
Dallas County
Dallas cannot enforce a plastic bag ban or fee. Tex. Health & Safety Code § 361.0961 preempts local ordinances restricting the sale or use of any 'container or package' for solid-waste-management purposes. The Texas Supreme Court confirmed preemption in City of Laredo v. Laredo Merchants Ass'n (2018). Dallas's earlier 5-cent 'environmental fee' (2014–2015) was repealed under legal threat and the city has not revived it.
View full Dallas rules →Richardson, TX
Dallas County
The Texas Supreme Court ruling in City of Laredo v. Laredo Merchants Association (2018) invalidated municipal plastic-bag bans under Health and Safety Code section 361.0961. Dallas County never enacted a bag ordinance and is preempted from doing so. Retailers freely use plastic and paper bags.
View full Richardson rules →Key Facts Comparison
| Fact | Dallas | Richardson |
|---|---|---|
| Local Ordinance | None — fee repealed June 2015 | - |
| Preemption Statute | Tex. Health & Safety Code § 361.0961 | - |
| Controlling Case | City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018) | - |
| Former Fee | 5¢ per bag, repealed within 5 months | - |
| Current Approach | Voluntary recycling, no fee or ban | - |
| Preemption statute | - | TX H&S 361.0961 |
| Controlling case | - | Laredo v. Laredo Merchants 2018 |
| County ordinance | - | None enacted |
| Bag-fee ban | - | Local fees prohibited |
Highlighted rows indicate differences between cities.
Dallas FAQ
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No. Dallas briefly had a 5-cent bag fee in 2015 but repealed it after a preemption lawsuit.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The 5-cent fee in former Dallas City Code § 18-13 took effect January 1, 2015 and was repealed in June 2015 after the Texas Retailers Association sued, citing § 361.0961.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.
Richardson FAQ
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.
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