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.
Laredo, TX
Laredo allows residential fire pits under 3 feet diameter, 25 feet from structures and supervised. Gas and propane pits are exempt from Webb County burn bans.
Laredo, TX
Laredo requires property owners to clear brush, tall weeds, and combustible vegetation over 12 inches to reduce wildfire risk in the South Texas brushland al...
Laredo, TX
Laredo lies in the South Texas brushland wildfire corridor. Texas A&M Forest Service maps moderate to high risk for Rio Grande floodplain and mesquite brush....
Laredo, TX
Laredo follows the International Fire Code and Texas law requiring smoke alarms in every bedroom, outside sleeping areas, and on each level. Landlords must m...
Laredo, TX
Laredo Utilities enforces year-round water conservation and a four-stage drought plan. Landscape irrigation is limited to designated days and evening hours. ...
Laredo, TX
Laredo has no general residential tree preservation ordinance. Owners may remove trees on private land without a permit, though commercial developments must ...
See how Laredo's plastic bag rules rules stack up against other locations.
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