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.
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 β a unanimous decision holding that Texas Health & Safety Code Β§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.
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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Austin, TX
Austin City Code Chapter 9-2 establishes citywide quiet hours from 10:30 PM to 7:00 AM, during which sound plainly audible across a property line in resident...
Austin, TX
Austin enforces Texas Transportation Code Chapter 683 and Austin City Code Chapter 12-5: a vehicle on public right-of-way is abandoned if inoperable for more...
Austin, TX
Austin Land Development Code Chapter 25-2 Subchapter F caps residential fences at 6 feet in side and rear yards and 4 feet in front yards without a permit. C...
Austin, TX
Austin City Code Chapter 3-4 requires dogs in public to be restrained on a leash no longer than 6 feet, with limited exceptions for designated off-leash area...
Austin, TX
Consumer fireworks are illegal to possess, use, or sell within Austin city limits. Violations can carry fines up to $2,000. Permits are issued only for profe...
Austin, TX
Austin imposes no general restriction on year-round lawn ornaments, statuary, or religious displays on private residential property. The sign code (LDC 25-10...
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