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.
Lewisville, TX
Lewisville treats persistent barking as a noise disturbance under Ch. 18. A dog barking continuously for 15 minutes or intermittently for 30 minutes triggers...
Lewisville, TX
Lewisville sits about 10 miles south of DFW International Airport with regular overflight noise. Federal law preempts local regulation of flight paths and al...
Lewisville, TX
Lewisville limits construction noise to 7 a.m. to 8 p.m. Monday through Saturday under Ch. 18. Sunday and holiday work requires a special permit from Buildin...
Lewisville, TX
Lewisville prohibits amplified music plainly audible at a neighboring property during quiet hours of 10 p.m. to 7 a.m. under Ch. 18. City events require soun...
Lewisville, TX
Lewisville uses a plainly-audible standard rather than fixed decibel limits under Ch. 18. No dBA thresholds are codified; officers may use sound meters as ev...
Lewisville, TX
Lewisville regulates outdoor music under Ch. 18. Live and recorded music must not be plainly audible at neighboring property during quiet hours of 10 p.m. to...
See how Lewisville's plastic bag rules rules stack up against other locations.
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