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Travis County, 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
Local ban
Not enforceable
Voluntary programs
Allowed

Summary

Travis County cannot ban plastic carryout bags after the 2018 Texas Supreme Court decision in Laredo Merchants v. City of Laredo, which struck local bag bans as preempted by the Texas Solid Waste Disposal Act.

City-specific rules exist: Austin has its own plastic bag rules rules that differ from Travis County's county-level regulations. If you live in Austin, check the city-specific page instead.

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.

Source: Texas Statutes HSC 361View official code

Full Breakdown

In City of Laredo v. Laredo Merchants Association (2018), the Texas Supreme Court held that local plastic checkout bag bans conflict with Texas Health and Safety Code Section 361.0961, which prohibits political subdivisions from regulating solid waste containers in a way that prohibits or restricts their use for sale. The ruling effectively voided local plastic bag bans across Texas, including Austin's prior ordinance. Travis County therefore cannot enforce a checkout bag ban or fee in unincorporated areas. Voluntary retailer programs, recycled-content suggestions, and reusable bag promotion remain available without legal conflict.

Violations & Fines

There is no local plastic bag enforcement in Travis County. Any retailer offering plastic checkout bags operates lawfully under state preemption following the Laredo Merchants decision.

Frequently Asked Questions

Can Travis County ban plastic bags?
No. The 2018 Texas Supreme Court ruling in Laredo Merchants v. Laredo struck local checkout bag bans as preempted by HSC Section 361.0961, eliminating local enforcement authority across Texas.
Did Austin lose its bag ban?
Yes. After Laredo Merchants, Austin stopped enforcing its single-use bag ordinance. Voluntary retailer reusable-bag promotion continues, but mandatory bans and fees are no longer permitted.

Sources & Official References

Other rules in Travis County

All Travis County rules

Texas rules heatmap·Compare Travis County to another location·View the Texas single-use items overview

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Plastic Bag Rules in Cities Across Travis County