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.
Midland, TX
Midland prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and towed ...
Midland, TX
Midland regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new cons...
Midland, TX
Midland regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Midland, TX
Midland requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Midland, TX
Midland requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Midland, TX
Midland restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nuisanc...
See how Midland's plastic bag rules rules stack up against other locations.
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