Texas Attorney General Ken Paxton is requesting that the state's highest court review the legality of plastic bag bans throughout the state, which could put an end to Austin's three-year-old prohibition on single-use bags.
Paxton filed a court brief Wednesday to ask that the Texas Supreme Court review the city of Laredo's ban on non-reusable bags provided at the checkout counter of supermarkets, convenience stores and other retail stores.
“The legislature did not mince words when it removed the authority of Texas cities to restrict or prohibit plastic checkout bags,” Paxton said. “That Laredo and Austin, among others, would persist in their foolhardy policy despite the statute’s clear language shows how Texas cities have grown more and more contemptuous of the rule of law. This case presents an opportunity for the Texas Supreme Court to uphold the intent of the legislature in a ruling that could ultimately invalidate ordinances across the state.”
The Fourth Court of Appeals in August struck down the law in a ruling that found the ban violates a state law regulating solid waste disposal. If the Texas Supreme Court reviews the ruling and concurs with the Fourth Court of Appeals it would have statewide implications, meaning plastic bag bans in Austin, Brownsville, Dallas, Houston and elsewhere in the state would be overturned.
“The city of Austin’s single-use bag regulations have been around since 2013 and have served as a model for engaging stakeholders to develop effective environmental legislation," a city spokesperson said in response to the brief.