Travis County cannot ban plastic carryout bags after the 2018 Texas Supreme Court decision in Laredo Merchants v. City of Laredo, which struck local bag bans as preempted by the Texas Solid Waste Disposal Act.
In City of Laredo v. Laredo Merchants Association (2018), the Texas Supreme Court held that local plastic checkout bag bans conflict with Texas Health and Safety Code Section 361.0961, which prohibits political subdivisions from regulating solid waste containers in a way that prohibits or restricts their use for sale. The ruling effectively voided local plastic bag bans across Texas, including Austin's prior ordinance. Travis County therefore cannot enforce a checkout bag ban or fee in unincorporated areas. Voluntary retailer programs, recycled-content suggestions, and reusable bag promotion remain available without legal conflict.
There is no local plastic bag enforcement in Travis County. Any retailer offering plastic checkout bags operates lawfully under state preemption following the Laredo Merchants decision.
Travis County, TX
Travis County cannot ban polystyrene foam containers because the same TX HSC 361.0961 preemption confirmed by Laredo Merchants v. Laredo applies to all solid...
Travis County, TX
Travis County does not regulate plastic straws because TX HSC 361.0961 preempts local container restrictions; restaurants may voluntarily offer paper or upon...
See how Travis County's plastic bag rules rules stack up against other locations.
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