Dallas cannot enforce a plastic bag ban or fee. Tex. Health & Safety Code § 361.0961 preempts local ordinances restricting the sale or use of any 'container or package' for solid-waste-management purposes. The Texas Supreme Court confirmed preemption in City of Laredo v. Laredo Merchants Ass'n (2018). Dallas's earlier 5-cent 'environmental fee' (2014–2015) was repealed under legal threat and the city has not revived it.
Dallas was an early Texas bag-fee adopter: the city council passed a 5-cent fee on single-use carryout bags effective January 1, 2015, codified at former Dallas City Code § 18-13. The Texas Retailers Association sued within weeks alleging preemption under Tex. Health & Safety Code § 361.0961(a), which provides a local government 'may not adopt an ordinance...to assess a fee or deposit on the sale or use of a container or package.' Dallas repealed the ordinance in June 2015 rather than litigate, refunding collected fees. Three years later, City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018) confirmed that § 361.0961 preempts any solid-waste-management bag rule, including those framed as anti-litter or beautification. The Dallas Office of Environmental Quality & Sustainability now operates voluntary programs: Live Green in Dallas reusable-bag giveaways, plastic-film drop-off at retailers via the WRAP Recycling Action Program, and Zero Waste Plan goals targeting 60% diversion by 2030 without bag restrictions.
No violations are issued — the ordinance was repealed in 2015 and any replacement would be void under § 361.0961. Litter from discarded bags is prosecuted under the general litter statute (Tex. Health & Safety Code § 365.012) and Dallas City Code Chapter 18 nuisance provisions, not bag-specific rules.
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