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.
Flower Mound, TX
Flower Mound has no specific leaf blower ordinance separate from the general noise ordinance. Gas and electric leaf blowers are permitted during standard day...
Flower Mound, TX
Flower Mound regulates industrial and commercial noise through Sec. 34-131 and zoning use conditions in Ch. 98. Industrial uses are concentrated along Lakesi...
Flower Mound, TX
Flower Mound Code of Ordinances Sec. 34-131 (Article III, Noise Control) prohibits unreasonable noise that disturbs the peace and quiet of any neighborhood o...
Flower Mound, TX
Flower Mound Sec. 34-131 prohibits amplified music or sound that creates an unreasonable disturbance beyond the property line. No specific decibel threshold ...
Flower Mound, TX
Flower Mound does not impose a town-wide overnight street parking ban, but TX Transportation Code Sec. 545.307 prohibits overnight commercial vehicle parking...
Flower Mound, TX
TX Transportation Code Sec. 545.307 prohibits overnight commercial motor vehicle parking (10 PM to 6 AM) in residential subdivisions with posted signs. Flowe...
See how Flower Mound's plastic bag rules rules stack up against other locations.
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