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.
Health and Safety Code 361.0961, part of the Texas Solid Waste Disposal Act, prohibits local governments from adopting an ordinance, rule, or regulation to prohibit or restrict, for solid waste management purposes, the sale or use of a container or package. In City of Laredo v. Laredo Merchants Association, 550 S.W.3d 586 (Tex. 2018), the Texas Supreme Court unanimously held this provision preempts municipal single-use plastic bag bans, invalidating ordinances in Laredo, Austin, Fort Stockton, and others. Subsequent enforcement under HB 2127 (2023) reinforces preemption. Voluntary retailer programs and educational measures remain permitted but mandatory bans are unenforceable.
Local bag-ban ordinances are unenforceable; cities adopting them face declaratory judgment and injunctive relief actions and may be enjoined under HB 2127 enforcement provisions.
Amarillo, TX
Amarillo has no municipal ordinance restricting leaf blower use by time of day, decibel level, or fuel type. Noise complaints are handled under Texas Penal C...
Amarillo, TX
Amarillo has no municipal noise ordinance covering industrial or commercial operations. Noise complaints are handled under Texas state law, which prohibits u...
Amarillo, TX
Amarillo requires a building permit for any swimming pool barrier or enclosure, whether residential or commercial. The barrier must meet Texas Health & Safet...
Amarillo, TX
Amarillo's Chapter 8-2 regulates domestic animals and fowl but contains no explicit prohibition on feeding feral or wild animals. Keeping wild animals inside...
Amarillo, TX
Amarillo caps combined dogs and cats per household at four, and prohibits keeping animals in overcrowded or unsanitary conditions under Chapter 8-2. Animal M...
Amarillo, TX
Amarillo enforces smoke-alarm requirements through its adopted 2021 International Residential Code (Ordinance 7101) and the statewide Texas Health & Safety C...
See how Amarillo's plastic bag rules rules stack up against other locations.
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