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Lubbock, TX Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Preemption case
Laredo Merchants 2018
Statute
TX HSC §361.0961
Lubbock bag ban
None, illegal to adopt
Fee allowed
No

Summary

After the Texas Supreme Court ruling in City of Laredo v. Laredo Merchants Association (2018), Texas cities may not ban or charge fees on plastic checkout bags. Lubbock has no bag ordinance and grocers freely distribute single-use bags.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:(1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;(2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or(3) assess a fee or deposit on the sale or use of a container or package.(b) This section does not prevent a local government or other political subdivision from complying with federal or state law or regulation.

Source: Texas Health and Safety CodeView official code

Full Breakdown

The 2018 Texas Supreme Court decision in Laredo Merchants struck down municipal plastic bag bans as preempted by Texas Health and Safety Code §361.0961, which forbids local rules adopted to prohibit or restrict, for solid waste management purposes, the sale or use of a container or package. The ruling invalidated bag ordinances in Austin, Brownsville, Fort Stockton, and Laredo. Lubbock never adopted a bag ban and now legally cannot. United Supermarkets, HEB, Market Street, and Walmart locations on Loop 289 distribute thin film polyethylene checkout bags without fee. Voluntary store-led recycling bins remain available.

Violations & Fines

There is no city bag offense. Litter from improperly disposed bags is enforced under general illegal-dumping and litter ordinances, not under any container fee scheme.

Frequently Asked Questions

Can stores voluntarily charge for bags?
A retailer may charge for paper or reusable bags as a private business policy, but cannot do so under a city mandate. Some HEB stores test paper-only checkout aisles voluntarily.
Are reusable bag programs allowed?
Yes. The preemption blocks local mandates, not voluntary retailer or nonprofit programs encouraging customers to bring reusable totes from home.

Sources & Official References

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