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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cedar Park, TX
Cedar Park city parks are closed to vehicles and the public after posted hours; vehicles remaining in the park after closure are subject to towing. Park-hour...
Cedar Park, TX
Cedar Park has no juvenile curfew. The city's prior curfew ordinance was repealed in full by Ordinance CO28.23.09.14.E1 on September 14, 2023, after Texas HB...
Cedar Park, TX
Under Code Art. 6.04, it is unlawful for any peddler or solicitor to enter property displaying a posted 'No Solicitation,' 'No Peddlers,' 'No Trespassing,' o...
Cedar Park, TX
Cedar Park Code Art. 6.04 requires a city-issued permit for any peddler or solicitor; applications are filed online through MyGovernmentOnline with a 72-hour...
Cedar Park, TX
Cedar Park does not have a dedicated sidewalk-vending ordinance; sidewalk sales must comply with the Peddlers and Solicitors rules (Code Art. 6.04), Mobile F...
Cedar Park, TX
Under Code Art. 6.06, mobile food vendors may operate as 'semi-stationary' units on private property with the owner's written permission or as itinerant vend...
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