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.
Sugar Land, TX
Sugar Land regulates construction noise through the general noise ordinance (Sec. 3-101) and the Land Development Code. Construction activity that creates un...
Sugar Land, TX
Sugar Land Code of Ordinances Sec. 3-101 prohibits noise of such volume, intensity, or duration as to disturb a reasonable person in a dwelling. Outdoor play...
Sugar Land, TX
Sugar Land Sec. 3-101(c) specifically targets amplified music: operating any radio, speaker, musical instrument, sound amplifier, or similar device so that s...
Sugar Land, TX
Sugar Land restricts parking of commercial vehicles in residential areas through its Code of Ordinances and Development Code. Large commercial vehicles, heav...
Sugar Land, TX
Sugar Land regulates street parking through Chapter 5 of the Code of Ordinances (Article IV, Traffic). Parking restrictions include time limits in certain ar...
Sugar Land, TX
Retaining walls in Sugar Land are subject to building permit requirements and must comply with the Land Development Code. Walls exceeding 4 feet in height ty...
See how Sugar Land's plastic bag rules rules stack up against other locations.
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