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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Richmond, TX
Richmond does not publish a code section setting numeric residential quiet hours. Loud noise complaints are addressed through Chapter 22 (Nuisances) and Texa...
Richmond, TX
Richmond requires durable fence materials and bans scrap lumber, plywood, sheet metal, plastic, fiberglass, barbed wire, welded wire, agricultural fencing, a...
Richmond, TX
Richmond requires the finished side of any fence to face outward toward neighbors and the right-of-way, and forbids placing a fence outside surveyed lot line...
Richmond, TX
Richmond requires a fence permit for new construction, replacement with different materials, height changes, reconfiguration, driveway gates, and any fence e...
Richmond, TX
Richmond limits residential fences to 42 inches in front yards and six feet in side and rear yards, with narrow exceptions for steel tubular and wrought iron...
Richmond, TX
Richmond, as an incorporated city in Fort Bend County, bars outdoor burning of brush, debris, and trash inside the city limits regardless of state burn-ban s...
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