Bexar County, TX Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Local bag ban
- Preempted statewide
- Controlling case
- Laredo Merchants 2018
- Statute
- TX HSC 361.0961
- Voluntary programs
- In-store film recycling
Summary
Bexar County cannot ban plastic carryout bags. The Texas Supreme Court in City of Laredo v. Laredo Merchants Association struck down local bag bans as preempted by the Texas Health and Safety Code container provision.
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.
Full Breakdown
Texas cities and counties have no authority to prohibit single-use plastic carryout bags. In 2018, the Texas Supreme Court ruled in City of Laredo v. Laredo Merchants Association that municipal bag ordinances are preempted by Texas Health and Safety Code Section 361.0961, which bars local rules assessing fees on or prohibiting containers used for solid waste management purposes. Bexar County therefore does not ban or fee plastic bags at retail. Voluntary store-level programs, reusable bag promotions, and recycling drop-offs continue. Some H-E-B and other Bexar County retailers offer in-store film recycling. Any future Bexar County bag rule would face the same preemption barrier absent a legislative change.
Violations & Fines
There are no county penalties for plastic bag use because local bans are preempted. Retailers face no county fee or surcharge requirement for distributing plastic carryout bags.
Frequently Asked Questions
Why does Bexar County allow plastic bags at checkout?
Can a Bexar County city charge a bag fee instead of a ban?
Sources & Official References
Other rules in Bexar County
Texas rules heatmap·Compare Bexar County to another location·View the Texas single-use items overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.