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Frisco, TX Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Preempting Statute
Texas HSC §361.0961
Case
Laredo v. Laredo Merchants 2018
Local Ban
Not allowed
Voluntary Programs
Common in Frisco retail

Summary

After the 2018 Texas Supreme Court ruling in City of Laredo v. Laredo Merchants Association, Texas cities including Frisco may not ban or charge fees on single-use plastic bags, leaving consumer choice to retailers and shoppers.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:(1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;(2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or(3) assess a fee or deposit on the sale or use of a container or package.(b) This section does not prevent a local government or other political subdivision from complying with federal or state law or regulation...

Source: Texas Health and Safety CodeView official code

Full Breakdown

In 2018 the Texas Supreme Court held in City of Laredo v. Laredo Merchants Association that the Texas Solid Waste Disposal Act, Health and Safety Code §361.0961, preempts municipal ordinances banning or imposing fees on single-use plastic checkout bags. The decision invalidated Laredo's ban and effectively ended similar ordinances in cities such as Austin and Fort Stockton. Frisco never adopted a plastic bag ban and remains preempted from doing so. Retailers across Frisco voluntarily offer reusable bags, recycling drop-offs, and paper alternatives, but the city cannot mandate them. Anti-litter ordinances still apply to bag waste.

Violations & Fines

There is no Frisco ordinance to violate. Any city attempt to enforce a plastic bag ban or fee would be challenged under HSC §361.0961 and the Laredo Merchants precedent and almost certainly enjoined.

Frequently Asked Questions

Can Frisco require stores to charge for bags?
No. The Laredo Merchants ruling treats bag fees as the practical equivalent of a ban, and Texas HSC §361.0961 preempts both. Voluntary fees are still allowed.
Are paper bags or thicker reusable bags exempt?
The preemption focuses on plastic but applies broadly to any container regulated as solid waste. Frisco has not attempted to regulate paper or reusable bags.

Sources & Official References

Other rules in Frisco

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All Frisco rules

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