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.
Odessa, TX
Construction noise in Odessa is regulated under the general noise ordinance. Construction activities in or near residential areas are expected to occur durin...
Odessa, TX
Odessa addresses excessive barking dogs under its animal control and nuisance ordinances. Dogs that bark persistently and disturb neighbors may result in cit...
Odessa, TX
Odessa's noise ordinance (Code of Ordinances Art. 8-2) prohibits any unreasonably loud or disturbing noise that materially distresses a person of ordinary se...
Odessa, TX
Odessa requires that driveways meet city standards for width, materials, and construction. All vehicles must be parked on improved surfaces—parking on grass ...
Odessa, TX
Odessa regulates the parking and storage of recreational vehicles and boats on residential properties. RVs and boats must be stored on improved surfaces and ...
Odessa, TX
Odessa regulates street parking through its traffic and parking ordinances. Vehicles must not block traffic, driveways, or fire hydrants. Some areas have tim...
See how Odessa's plastic bag rules rules stack up against other locations.
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