Harris County, TX Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Preemption statute
- TX H&S 361.0961
- Controlling case
- Laredo v. Laredo Merchants 2018
- County ordinance
- None enacted
- Bag-fee ban
- Local fees prohibited
Summary
The Texas Supreme Court ruling in City of Laredo v. Laredo Merchants Association (2018) invalidated municipal plastic-bag bans under Health and Safety Code section 361.0961. Harris County never enacted a bag ordinance and is preempted from doing so. Retailers freely use plastic and paper bags.
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Full Breakdown
In 2018 the Texas Supreme Court held in City of Laredo v. Laredo Merchants Association, 550 S.W.3d 586, that Texas Health and Safety Code 361.0961 preempts cities and counties from banning or charging fees on single-use plastic or paper bags. The court found bag-ban ordinances conflict with the Solid Waste Disposal Act prohibition on local rules regulating containers and packages. After Laredo, Austin, Fort Worth, and dozens of other Texas jurisdictions repealed their bag rules. Harris County never adopted a bag ordinance. Retailers across Harris County, including Walmart, Kroger, and HEB, distribute plastic bags freely. Voluntary recycling and reusable-bag promotions continue, and HCPH supports waste-reduction education without regulation.
Violations & Fines
No local violation exists because Harris County has no plastic-bag rule and is preempted from creating one. Retailers face zero county penalty for plastic-bag use; littering offenses under state Health and Safety Code 365.012 still apply to discarded bags.
Frequently Asked Questions
Can Harris County charge a fee on plastic shopping bags?
Are reusable bag programs allowed in Harris County?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas single-use items overview
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