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.
Katy, TX
Katy's Code of Ordinances and Zoning Ordinance (Exhibit 14A) do not set a numeric maximum fence height for residential lots and require no building permit fo...
Katy, TX
Katy property owners must keep lots free of rubbish, brush, and other debris under Chapter 6 (Ordinance 01023). Weeds taller than nine inches, or any vegetat...
Katy, TX
Katy prohibits the manufacture, sale, possession, and discharge of all fireworks inside city limits under Article 5.07 of its Code of Ordinances. Violators f...
Katy, TX
Katy bans construction or use of any barbecue pit or open flame within 10 feet of a multifamily building wall, or beneath a balcony, porch, roof overhang, or...
Katy, TX
Katy requires a building permit for converting a garage to living space under the 2021 IRC and 2023 NEC adopted Jan 1, 2024. Conversions cannot create an unr...
Katy, TX
Katy STR Article 4.10 requires parking to comply with the zoning ordinance, prohibits required parking in public right-of-way, alleys, or access easements, a...
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