Photo Courtesy Walmart Days before Austin's single-use carryout bag ordinance takes effect, the Texas Retailers Association is asking whether the new code violates state law.
On Feb. 25, the association filed a petition in Travis County District Court seeking a court judgment. The ordinance is scheduled to take effect March 1.
The single-use carryout bag ordinance bans most businesses from distributing thin plastic bags and handleless paper bags that are not made of at least 40 percent recycled materials, among other actions. Businesses can distribute thicker plastic bags, handled paper bags made of recycled materials or reusable bags.
TRA President/CEO Ronnie Volkening said the petition does not seek to stop the ordinance from taking effect later this week; the TRA has been telling retailers to get ready to comply with the new code.
Volkening said the TRA filed the petition seeking clarification from the court. In a news release, the TRA cites a section of the state's Health and Safety Code regarding consumer packaging.
"A local government or political subdivision may not adopt an ordinance, rule or regulation to: 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," reads Section 361.0961 of the state code.
Volkening said that if the court agreed with the TRA's interpretation and declared the new ordinance not in compliance with state law, retailers would meet with the city and go from there. He pointed to local retailers' participation in a voluntary trial program that eventually led to the ordinance as evidence that the TRA was willing to work on the issue.
Austin Resource Recovery, the city department heading up implementation of the ordinance, told Community Impact Newspaper that the city has received the lawsuit and is prepared to defend the ordinance.
"We stand behind the intent of the ordinance and do not believe it poses a hardship to affected businesses," the department said. "The city is committed to working with businesses to help them comply with the ordinance and offers a number of resources to make this process as easy as possible."
The city has held several public discussions and workshops before and after City Council's March 2012 vote to adopt the ordinance. The ordinance also includes a hardship variance for which businesses can apply.
This week the city launched a new website, www.bringitaustin.com, to offer additional information about the ordinance.
