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.
The Woodlands, TX
Construction hour restrictions in The Woodlands fall under Montgomery County jurisdiction, not Township covenants. No specific construction hours are mandate...
The Woodlands, TX
Amplified music in The Woodlands is governed by Texas state disorderly conduct law, not Township covenants. Noise that disturbs the community may be reported...
The Woodlands, TX
The Woodlands Township cannot enact noise ordinances — noise complaints are handled under Montgomery County jurisdiction (TX Penal Code §42.01) and by county...
The Woodlands, TX
The Woodlands Township acknowledges barking dogs cannot be regulated through its Restrictive Covenants. Animal control and noise enforcement fall under Montg...
The Woodlands, TX
Parking on lawns, ditches, open space areas, or unpaved surfaces is expressly prohibited by The Woodlands Restrictive Covenants. Vehicles must be parked on a...
The Woodlands, TX
The Woodlands Restrictive Covenants prohibit storage of semi-trucks, farm tractors, and similar commercial vehicles on lots or streets where visible. No time...
See how The Woodlands's plastic bag rules rules stack up against other locations.
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