The Texas Supreme Court 2018 Laredo Merchants decision held the Texas Solid Waste Disposal Act preempts municipal plastic bag bans. Fort Worth has no plastic bag ban or fee and cannot lawfully adopt one.
In 2018, the Texas Supreme Court ruled in City of Laredo v. Laredo Merchants Association that Texas Health and Safety Code Section 361.0961 preempts local ordinances regulating plastic bags as solid waste containers. The ruling invalidated bag bans in Austin, Brownsville, Fort Stockton, and other Texas cities. Fort Worth never adopted a bag ordinance and the Laredo decision foreclosed any future attempt. Fort Worth therefore allows free distribution of plastic carryout bags by retailers throughout the city without restriction. The Fort Worth Environmental Quality Division and voluntary retailer programs encourage reusable bag use, but no mandate exists. Any future Fort Worth bag fee or ban would require a Texas legislative change to overcome current preemption.
No Fort Worth ordinance regulates plastic bags; retailers face no penalties for distributing them. State preemption blocks any city enforcement action against single-use bag distribution within Fort Worth.
Fort Worth, TX
Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Fort Worth has no polystyrene ban and can...
Fort Worth, TX
Texas state law preempts local regulation of single-use food service items including plastic straws. Fort Worth has no straw ban or upon-request rule; restau...
See how Fort Worth's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.