Travis County, TX Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Preemption case
- Laredo Merchants 2018
- Statute
- TX HSC 361.0961
- Local ban
- Not enforceable
- Voluntary programs
- Allowed
Summary
Travis County cannot ban plastic carryout bags after the 2018 Texas Supreme Court decision in Laredo Merchants v. City of Laredo, which struck local bag bans as preempted by the Texas Solid Waste Disposal Act.
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or (3) assess a fee or deposit on the sale or use of a container or package.
Full Breakdown
In City of Laredo v. Laredo Merchants Association (2018), the Texas Supreme Court held that local plastic checkout bag bans conflict with Texas Health and Safety Code Section 361.0961, which prohibits political subdivisions from regulating solid waste containers in a way that prohibits or restricts their use for sale. The ruling effectively voided local plastic bag bans across Texas, including Austin's prior ordinance. Travis County therefore cannot enforce a checkout bag ban or fee in unincorporated areas. Voluntary retailer programs, recycled-content suggestions, and reusable bag promotion remain available without legal conflict.
Violations & Fines
There is no local plastic bag enforcement in Travis County. Any retailer offering plastic checkout bags operates lawfully under state preemption following the Laredo Merchants decision.
Frequently Asked Questions
Can Travis County ban plastic bags?
Did Austin lose its bag ban?
Sources & Official References
Other rules in Travis County
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