Plastic Bag Rules: Houston vs Humble

Does Houston have a plastic bag ban?

No. Houston has no plastic bag ban or fee. Tex. Health & Safety Code § 361.0961 preempts local checkout-bag ordinances, as confirmed by the Texas Supreme Court in City of Laredo v. Laredo Merchants Ass'n (2018). Statewide rules apply, and no local rules can be added.

Why don't Houston grocery stores charge for plastic bags?

Because no Texas city can require a charge — § 361.0961 bars 'a fee or deposit on the sale or use of a container or package' imposed by local government. Some Texas retailers (notably Aldi) charge under private policy; H-E-B, Kroger, and Walmart in Houston provide bags free of charge and host front-of-store plastic-film recycling bins.

Could Texas allow Houston to ban plastic bags in the future?

Only the Texas Legislature can change this. Cities cannot opt out of § 361.0961, and the Laredo decision foreclosed creative workarounds (anti-litter, beautification, storm-drain) by holding that any ordinance whose effect is solid-waste management is preempted. A future legislative session would need to repeal or amend § 361.0961.

Can Harris 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 Harris County.

Are reusable bag programs allowed in Harris 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.