Austin adopted a single-use carryout bag ordinance in 2013, but the 2018 Texas Supreme Court Laredo Merchants ruling invalidated it. Austin no longer enforces bag restrictions and cannot lawfully reinstate them.
Austin City Code Chapter 6-7 originally banned single-use plastic and paper carryout bags at retail checkout, taking effect March 2013. In 2018 the Texas Supreme Court ruled in City of Laredo v. Laredo Merchants Association that Texas Health and Safety Code Section 361.0961 preempts local ordinances regulating plastic bags as solid waste containers. The decision invalidated bag bans in Austin, Brownsville, Fort Stockton, and other Texas cities. Austin officially ceased enforcement and the City Council removed enforcement provisions. Retailers now freely distribute plastic and paper carryout bags. Austin Resource Recovery continues voluntary reusable bag campaigns and education through the Zero Waste plan, but no mandate exists. Future regulation requires Texas legislative action.
No Austin ordinance currently regulates plastic bags following the Laredo ruling; retailers face no penalties for distributing carryout bags. State preemption blocks any Austin enforcement action.
Austin, TX
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Austin, TX
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See how Austin's plastic bag rules rules stack up against other locations.
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