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.
Pearland, TX
Pearland prohibits unreasonably loud, disturbing, or unnecessary noise that disturbs neighbors, with stricter enforcement during overnight hours under Chapte...
Pearland, TX
Pearland controls industrial and commercial noise emissions through its noise ordinance and zoning standards, prohibiting sound that crosses property lines a...
Pearland, TX
Pearland regulates amplified music and outdoor sound systems under its noise ordinance and special event permit process, requiring approval for events that g...
Pearland, TX
Pearland prohibits any vehicle, including commercial trucks, from remaining parked on a city street for more than 72 continuous hours, and enforces posted we...
Pearland, TX
Pearland does not impose a blanket overnight parking ban, but the 72-hour street parking limit and Texas petition-based commercial truck rules govern overnig...
Pearland, TX
Pearland regulates acceptable fence materials in residential districts, prohibiting barbed wire, electrified fencing, and certain temporary materials while r...
See how Pearland's plastic bag rules rules stack up against other locations.
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