The Texas Supreme Court ruling in City of Laredo v. Laredo Merchants Association (2018) invalidated municipal plastic-bag bans under Health and Safety Code section 361.0961. Harris County never enacted a bag ordinance and is preempted from doing so. Retailers freely use plastic and paper bags.
In 2018 the Texas Supreme Court held in City of Laredo v. Laredo Merchants Association, 550 S.W.3d 586, that Texas Health and Safety Code 361.0961 preempts cities and counties from banning or charging fees on single-use plastic or paper bags. The court found bag-ban ordinances conflict with the Solid Waste Disposal Act prohibition on local rules regulating containers and packages. After Laredo, Austin, Fort Worth, and dozens of other Texas jurisdictions repealed their bag rules. Harris County never adopted a bag ordinance. Retailers across Harris County, including Walmart, Kroger, and HEB, distribute plastic bags freely. Voluntary recycling and reusable-bag promotions continue, and HCPH supports waste-reduction education without regulation.
No local violation exists because Harris County has no plastic-bag rule and is preempted from creating one. Retailers face zero county penalty for plastic-bag use; littering offenses under state Health and Safety Code 365.012 still apply to discarded bags.
See how Tomball's plastic bag rules rules stack up against other locations.
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