Houston, TX Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Local Ordinance
- None: state preempts
- Preemption Statute
- Tex. Health & Safety Code § 361.0961
- Controlling Case
- City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018)
- Scope
- Bags, cups, bottles, and other 'containers or packages'
- Litter Enforcement
- Tex. Health & Safety Code § 365.012 (general litter)
Summary
Houston cannot enforce a plastic bag ban or fee. Tex. Health & Safety Code § 361.0961 preempts local ordinances that prohibit or restrict the sale or use of any 'container or package' for solid-waste-management purposes. The Texas Supreme Court confirmed this in City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018), striking down Laredo's checkout-bag ban. Statewide rules govern; voluntary in-store programs continue.
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.
Full Breakdown
Tex. ' In City of Laredo v. Laredo Merchants Ass'n (2018), the Texas Supreme Court held unanimously that this section preempts municipal checkout-bag ordinances, even those framed as anti-litter measures, because their effect is solid-waste management. After Laredo, Austin, Brownsville, Fort Stockton, South Padre Island, and similar cities rescinded their bag ordinances. Houston never enacted a ban; the only carryout-bag-related city activity is voluntary store take-back, the H-E-B and Kroger plastic-film recycling drop-offs at front entrances, and Houston Solid Waste's reminder that plastic bags must not enter the curbside green-cart stream (they jam sortation machinery).
Texas neighbors that did NOT preempt, California (SB 270), New Mexico (HB 70-grocery rules vary by city), and Colorado (HB 21-1162), show how state choice drives local outcomes.
Violations & Fines
There is no city-level violation framework because no local ordinance exists. A retailer that chooses voluntarily to charge for bags is acting under private policy, not city authority. Any future Houston bag ordinance would be void under Tex. Health & Safety Code § 361.0961 and the Laredo holding, and could be enjoined on summary judgment. Litter from discarded bags is enforceable through the general litter statute (Tex. Health & Safety Code § 365.012), not bag-specific rules.
Frequently Asked Questions
Does Houston have a plastic bag ban?
Why don't Houston grocery stores charge for plastic bags?
Could Texas allow Houston to ban plastic bags in the future?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas single-use items overview
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