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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fulshear, TX
Fulshear Code of Ordinances Chapter 18, Article VI (Noise) sets nighttime hours from 10:01 PM to 6:59 AM in residential areas, with daytime hours from 7:00 A...
Fulshear, TX
Fulshear regulates fences through Appendix A (Zoning) and Chapter 8 Article II (Construction Standards). Residential fences follow district rules with reduce...
Fulshear, TX
Fulshear requires property owners to obtain a permit before constructing a new fence or replacing more than fifty percent of an existing fence on residential...
Fulshear, TX
Fulshear Code of Ordinances Chapter 6 (Animals) governs dog restraint and running-at-large rules within city limits, layered with Texas Health and Safety Cod...
Fulshear, TX
Fulshear property owners must keep lots clear of high weeds, grass, and accumulated brush that constitute a public nuisance, or face abatement and lien costs.
Fulshear, TX
Fulshear's burn ban ordinance automatically adopts Fort Bend County's outdoor burning prohibition inside city limits, with violations punishable by fines up ...
See how Fulshear's plastic bag rules rules stack up against other locations.
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