El Paso cannot ban or tax single-use plastic bags after the Texas Supreme Court ruled in Laredo Merchants v. Laredo (2018) that the state Health and Safety Code preempts local container ordinances. Voluntary reuse programs remain available.
The 2018 Texas Supreme Court decision in City of Laredo v. Laredo Merchants Association struck down local plastic bag ordinances under Texas Health and Safety Code §361.0961, which preempts local rules adopted to regulate solid waste containers. El Paso has not enacted a bag ban or fee, and any prior ordinance language tied to bags is unenforceable. Retailers may voluntarily charge for bags or offer reusable options. Environmental groups along the US-Mexico border, including those concerned about Rio Grande litter and Ciudad Juarez bag drift, advocate state-level reform but cannot use El Paso ordinance authority. Plan El Paso sustainability goals encourage voluntary reduction.
There are no enforceable local violations because state preemption blocks El Paso from issuing citations for plastic bag use. Retailers may set their own internal bag policies.
El Paso, TX
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El Paso, TX
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See how El Paso's plastic bag rules rules stack up against other locations.
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