The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.
Health and Safety Code 361.0961, part of the Texas Solid Waste Disposal Act, prohibits local governments from adopting an ordinance, rule, or regulation to prohibit or restrict, for solid waste management purposes, the sale or use of a container or package. In City of Laredo v. Laredo Merchants Association, 550 S.W.3d 586 (Tex. 2018), the Texas Supreme Court unanimously held this provision preempts municipal single-use plastic bag bans, invalidating ordinances in Laredo, Austin, Fort Stockton, and others. Subsequent enforcement under HB 2127 (2023) reinforces preemption. Voluntary retailer programs and educational measures remain permitted but mandatory bans are unenforceable.
Local bag-ban ordinances are unenforceable; cities adopting them face declaratory judgment and injunctive relief actions and may be enjoined under HB 2127 enforcement provisions.
Brownsville, TX
Brownsville regulates noise under Chapter 46, Article III of the city code. Sound levels vary by zoning district and time of day. Residential areas have lowe...
Brownsville, TX
Brownsville regulates construction noise under its noise ordinance. Construction activities near residential areas must comply with sound level guidelines an...
Brownsville, TX
Brownsville addresses barking dogs under its animal control and noise ordinances. Dogs that bark persistently and disturb neighbors may be declared a nuisance.
Brownsville, TX
Brownsville regulates on-street parking through its traffic code. Time limits apply in commercial and downtown areas. Vehicles must not park for extended per...
Brownsville, TX
Brownsville restricts large commercial vehicles from parking in residential neighborhoods. Semi-trucks and heavy equipment should not be stored on residentia...
Brownsville, TX
Brownsville requires permits for new driveways connecting to public streets. Driveways must meet city engineering standards for width and materials.
See how Brownsville's plastic bag rules rules stack up against other locations.
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