Austin, TX Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Austin Bag Ban
- Austin bag ban took effect March 1, 2013
- Struck Down By
- Struck down by Texas Supreme Court June 22, 2018 (Laster v. Austin)
- Tex. Health &
- Tex. Health & Safety Code §361.0961 preempts container regulation
- Plastic Carryout Bags
- Plastic carryout bags currently legal in Austin
- No Bag
- No bag fee or charge enforceable by the city
- Austin Continues Voluntary
- Austin continues voluntary BYOB outreach and education
Summary
Austin's 2013 single-use carryout bag ban was struck down by the Texas Supreme Court on June 22, 2018 in Laster v. Austin, which held the state Solid Waste Disposal Act preempts municipal bag bans. Austin retailers are now free to provide plastic bags. The City retains educational programs but cannot enforce the ban.
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.
Full Breakdown
Austin passed the Single-Use Carryout Bag Ordinance effective March 1, 2013, banning thin plastic and non-recycled paper carryout bags citywide. In 2014 the City of Laredo passed a similar ordinance, which was challenged. On June 22, 2018, the Texas Supreme Court issued City of Laredo v. Laredo Merchants Association: a unanimous decision holding that Texas Health & Safety Code §361.0961 (the Solid Waste Disposal Act) preempts municipal regulation of "containers and packages." That ruling extinguished Austin's ordinance as well, and the City formally stopped enforcement. Texas remains one of the strongest state-preemption states: cities cannot ban or tax single-use bags. Austin continues voluntary "Bring Your Own Bag" public-awareness campaigns and partners with H-E-B and other large retailers on bag-recycling drop-offs, but has no enforcement authority.
Violations & Fines
None. Following Laster v. Austin (2018), the City of Austin has no authority to fine or penalize retailers for distributing plastic carryout bags. The ordinance text remains in code but is unenforceable.
Frequently Asked Questions
Does Austin have a plastic bag ban in 2026?
Will Texas allow Austin to ban bags?
Do Austin stores still charge for bags?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas single-use items overview
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