Bexar County cannot ban plastic carryout bags. The Texas Supreme Court in City of Laredo v. Laredo Merchants Association struck down local bag bans as preempted by the Texas Health and Safety Code container provision.
Texas cities and counties have no authority to prohibit single-use plastic carryout bags. In 2018, the Texas Supreme Court ruled in City of Laredo v. Laredo Merchants Association that municipal bag ordinances are preempted by Texas Health and Safety Code Section 361.0961, which bars local rules assessing fees on or prohibiting containers used for solid waste management purposes. Bexar County therefore does not ban or fee plastic bags at retail. Voluntary store-level programs, reusable bag promotions, and recycling drop-offs continue. Some H-E-B and other Bexar County retailers offer in-store film recycling. Any future Bexar County bag rule would face the same preemption barrier absent a legislative change.
There are no county penalties for plastic bag use because local bans are preempted. Retailers face no county fee or surcharge requirement for distributing plastic carryout bags.
Bexar County, TX
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Bexar County, TX
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See how Bexar County's plastic bag rules rules stack up against other locations.
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