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.
Little Elm, TX
Little Elm does not establish specific numeric decibel limits in its noise ordinance. Instead, Sec. 70-55 uses a reasonable-person standard, prohibiting nois...
Little Elm, TX
Little Elm regulates amplified music through Sec. 70-55, restricting radios, TVs, musical instruments, loudspeakers, and similar devices in residential areas...
Little Elm, TX
Little Elm regulates industrial and commercial noise through the general noise ordinance in Sec. 70-55. Industrial operations in nonresidential districts mus...
Little Elm, TX
Little Elm specifically prohibits outdoor music in parks, public places, and nonresidential districts without a town-approved special event permit or facilit...
Little Elm, TX
Little Elm restricts construction, maintenance, repair, alteration, and demolition work in residential districts and quiet zones to daytime hours. Under Sec....
Little Elm, TX
Little Elm enforces noise restrictions under Chapter 70, Article III of the Town Code. Sound devices including radios, TVs, and musical instruments are prohi...
See how Little Elm's plastic bag rules rules stack up against other locations.
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