3 county-level rules, plus city-specific rules for 1 city in Dallas County, Texas.
Verified from official government sources
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.
Tex. Health & Safety Code Sec. 361.0961(a) — State Preemption of Local Bag Bans
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid was...
Texas Health and Safety Code section 361.0961 preempts cities and counties from regulating containers and packages, which the Texas Supreme Court Laredo case extends to polystyrene foam. Dallas County cannot ban Styrofoam takeout containers. Restaurants and grocers freely use polystyrene packaging.
Tex. Health & Safety Code Sec. 361.0961(a) — Restrictions on Local Container/Package Regulation
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid was...
Texas Health and Safety Code section 361.0961 and the 2018 Laredo Supreme Court decision preempt city and county regulation of single-use packaging, which restaurant lawyers extend to plastic straws. Dallas County has no straw ordinance, and state-level upon-request rules do not apply.
Tex. Health & Safety Code Sec. 361.0961(a) — State Preemption of Container/Package Regulation
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law ... or (3) assess a fee or deposit on the sale or use...
1 cities in Dallas County have their own single-use items rules. Each link goes to that city's dedicated page with code citations.
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