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🛍️ Single-Use Items/Plastic Bag Rules

Plastic Bag Rules: Fort Worth vs Keller

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

Fort Worth and Keller have similar restriction levels.

Fort Worth, TX

Tarrant County

Few Restrictions

Fort Worth has no plastic bag ban. Tex. Health & Safety Code § 361.0961 preempts local checkout-bag ordinances, as the Texas Supreme Court confirmed in City of Laredo v. Laredo Merchants Ass'n (2018). Fort Worth never enacted one and instead promotes voluntary recycling through the Crud Cruiser, Drop-Off Stations, and Knowing Your H2O programs.

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Keller, TX

Tarrant County

Few Restrictions

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.

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Key Facts Comparison

FactFort WorthKeller
Local OrdinanceNone — never enacted-
Preemption StatuteTex. Health & Safety Code § 361.0961-
Controlling CaseCity of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018)-
City ProgramsDrop-Off Stations, Crud Cruiser, BYOB outreach-
Recycling Drop-OffsSix city stations + retailer plastic-film bins-
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.

Fort Worth FAQ

Does Fort Worth have a plastic bag ban?

No. Fort Worth never enacted a bag ban and cannot do so — Tex. Health & Safety Code § 361.0961, as construed by City of Laredo v. Laredo Merchants Ass'n (2018), preempts local checkout-bag ordinances. The city's approach is voluntary recycling.

Where can I recycle plastic bags in Fort Worth?

Drop them at any of the six Fort Worth Drop-Off Stations or at the plastic-film recycling bins at the front of Kroger, Tom Thumb, and Walmart locations. Curbside blue carts do NOT accept plastic bags — they jam the sorting machinery.

Could Texas ever let Fort Worth ban plastic bags?

Only the Texas Legislature can repeal or amend § 361.0961, and there has been no successful effort to do so since 2018. Until that happens, Fort Worth and every other Texas city is barred from local bag bans or fees.

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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