Texas Statewide Rule

Texas Plastic Bag Bans Preempted by State Law

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute: HSC 361.0961
Key Case: Laredo v. Laredo Merchants 2018
Preemption: Mandatory bag bans void
Voluntary Programs: Permitted

Last verified: September 5, 2026Source: Texas Statutes

Summary

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.

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.

Source: Texas StatutesView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can any Texas city still enforce a plastic bag ban?

No. The 2018 Texas Supreme Court ruling invalidated all municipal plastic bag bans statewide, and HB 2127 (2023) further reinforces preemption against local solid waste packaging restrictions.

Can a city charge a fee for plastic bags instead?

No. The court interpreted Section 361.0961 broadly to cover both outright bans and fee-based restrictions adopted for solid waste management purposes.

Can retailers voluntarily stop offering plastic bags?

Yes. Private retailers retain the right to choose what packaging to provide. The preemption only restricts government-mandated bans, not voluntary business decisions.

Sources

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