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

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

Key Facts

Preemption statute
TX H&S 361.0961
Controlling case
Laredo v. Laredo Merchants 2018
County ordinance
None enacted
Bag-fee ban
Local fees prohibited

Summary

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. Harris County never enacted a bag ordinance and is preempted from doing so. Retailers freely use plastic and paper bags.

City-specific rules exist: Houston has its own plastic bag rules rules that differ from Harris County's county-level regulations. If you live in Houston, check the city-specific page instead.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POL...GoReset Texas Constitution and Statutes chevron_right Texas Constitution chevron_right Agriculture Code chevron_right Alcoholic Beverage Code chevron_right Auxiliary Water Laws chevron_right Business & Commerce Code chevron_right Business Organizations Code chevron_right Civil Practice and Remedies Code chevron_right Code of Criminal Procedure chevron_right Education Code chevron_right Election Code chevron_right Estates Code chevron_right Family Code chevron_right Finance Code chevron_right Government Code chevron_right Health and Safety Code chevron_right Human Resources Code chevron_right Insurance Code chevron_right Insurance Code - Not Codified chevron_right L

Source: TX H&S Code 361.0961View official code

Full Breakdown

In 2018 the Texas Supreme Court held in City of Laredo v. Laredo Merchants Association, 550 S.W.3d 586, that Texas Health and Safety Code 361.0961 preempts cities and counties from banning or charging fees on single-use plastic or paper bags. The court found bag-ban ordinances conflict with the Solid Waste Disposal Act prohibition on local rules regulating containers and packages. After Laredo, Austin, Fort Worth, and dozens of other Texas jurisdictions repealed their bag rules. Harris County never adopted a bag ordinance. Retailers across Harris County, including Walmart, Kroger, and HEB, distribute plastic bags freely. Voluntary recycling and reusable-bag promotions continue, and HCPH supports waste-reduction education without regulation.

Violations & Fines

No local violation exists because Harris County has no plastic-bag rule and is preempted from creating one. Retailers face zero county penalty for plastic-bag use; littering offenses under state Health and Safety Code 365.012 still apply to discarded bags.

Frequently Asked Questions

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.

Sources & Official References

Other rules in Harris County

All Harris County rules

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Plastic Bag Rules in Cities Across Harris County