Plano cannot ban single-use plastic carryout bags. The 2018 Texas Supreme Court decision in City of Laredo v. Laredo Merchants Association struck down local bag bans under the Texas Health and Safety Code Section 361.0961 preemption clause.
Texas Health and Safety Code Section 361.0961 prohibits local governments from adopting ordinances that prohibit or restrict the sale or use of containers or packages for solid waste management purposes. In City of Laredo v. Laredo Merchants Association in 2018, the Texas Supreme Court applied that statute to invalidate Laredo plastic bag ordinance, and similar bans in Austin, Dallas, and Brownsville were withdrawn. Plano has not attempted a bag ban and could not lawfully enforce one. Retailers in Plano may voluntarily charge for bags or offer reusable alternatives. The city continues to encourage recycling of plastic film at participating grocery stores rather than through curbside bins.
Because no bag ban exists, there are no local penalties for using plastic bags. A city attempt to enforce a ban would be challenged and struck down under the Laredo Merchants precedent and Section 361.0961 preemption.
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