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.
Wichita Falls, TX
Wichita Falls treats persistent barking dogs as a noise nuisance. Dog owners are responsible for preventing excessive barking that disturbs neighbors. Wichit...
Wichita Falls, TX
Wichita Falls prohibits unreasonably loud, disturbing, and unnecessary noise that is offensive to ordinary sensibilities. Noise of such character, intensity,...
Wichita Falls, TX
Wichita Falls permits construction noise between 7 AM and 9 PM. Construction, excavation, demolition, alteration, or repair work outside these hours is prohi...
Wichita Falls, TX
Wichita Falls regulates street parking through posted signs and general traffic ordinances. Vehicles may not be parked on streets for extended periods, and f...
Wichita Falls, TX
Wichita Falls restricts parking of large commercial vehicles in residential zones. Vehicles exceeding weight or size limits for residential areas must be sto...
Wichita Falls, TX
Wichita Falls requires vehicles to be parked on approved paved surfaces. Driveway construction and modifications require permits. Front yard parking is only ...
See how Wichita Falls's plastic bag rules rules stack up against other locations.
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