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.
Rosenberg, TX
Rosenberg adopts the 2018 International Swimming Pool and Spa Code by reference and requires a residential building permit for any swimming pool, with city r...
Rosenberg, TX
Rosenberg requires multi-family developments to install eight-foot decorative masonry walls and limits commercial perimeter property line fences to chain lin...
Rosenberg, TX
Rosenberg Sec. 1-481 prohibits fences from being built on or overhanging a property line and lets the city remove dilapidated fences at the owner's expense a...
Rosenberg, TX
Rosenberg requires a residential building permit for any fence over seven feet tall, plus contractor registration; doing fence work without the proper permit...
Rosenberg, TX
Rosenberg does not impose a flat residential fence height cap because it has no traditional zoning, but any fence taller than seven feet requires a residenti...
Rosenberg, TX
Rosenberg requires every property to keep weeds, grass, and brush under twelve inches tall, with limited exemptions for agricultural acreage.
See how Rosenberg's plastic bag rules rules stack up against other locations.
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