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.
Waco, TX
Waco regulates on-street parking through its traffic ordinances. Vehicles must observe posted signs, time limits, and restrictions near intersections, fire h...
Waco, TX
Waco restricts parking of large commercial vehicles in residential neighborhoods. Heavy trucks and commercial equipment should not be stored on residential s...
Waco, TX
Waco requires driveways to meet city standards for width, grade, and materials. Vehicles must be parked on improved surfaces, not on unpaved yards in residen...
Waco, TX
Waco regulates the parking and storage of recreational vehicles, boats, and trailers on residential properties. These vehicles must be stored in approved loc...
Waco, TX
Waco's zoning ordinance sets maximum fence heights in residential areas. Front yard fences are typically limited to 4 feet, while side and rear yard fences m...
Waco, TX
Texas law does not require neighbor consent before building a fence on your property, but Waco's code requires fences to be within property lines and sets st...
See how Waco's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.