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Arlington, TX Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Controlling case
Laredo Merchants v. Laredo (2018)
Preempting statute
Tex. Solid Waste Disposal Act
Local ban
Prohibited
Voluntary fees
Allowed by retailers

Summary

After the 2018 Texas Supreme Court ruling in Laredo Merchants Association v. Laredo, Arlington cannot ban or tax single-use plastic checkout bags; only voluntary retailer programs apply.

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 waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or (3) assess a fee or deposit on the sale or use of a container or package.

Source: Arlington City CodeView official code

Full Breakdown

In City of Laredo v. Laredo Merchants Association (2018), the Texas Supreme Court held that the Texas Solid Waste Disposal Act preempts municipal bans or fees on single-use checkout bags. After that ruling, Texas cities including Austin and Fort Worth repealed their bag ordinances. Arlington never adopted a bag ban and is barred from doing so absent a change in state law. Retailers may voluntarily charge for bags, switch to paper or reusable, or offer recycling drop-offs. Tarrant County Public Health and Keep Arlington Beautiful run educational campaigns rather than regulatory programs.

Violations & Fines

No municipal penalties exist; any city attempt to enforce a bag ban would be void under Laredo Merchants and the Texas Solid Waste Disposal Act.

Frequently Asked Questions

Can Arlington tax plastic bags at checkout?
No. The 2018 Laredo Merchants decision preempts local bag fees and bans. Only the Texas Legislature can authorize a state-level bag fee or change the preemption rule.
Can a store choose to charge for bags?
Yes. Voluntary retailer fees and reusable-bag programs are not preempted because they are private business decisions, not government mandates on bag use.

Sources & Official References

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