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Texas - Bag Legislation

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Statewide Legislation

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Status Inactive
Ordinance HB 2416
Notes HB 2416: Allows businesses to provide bags made from any material to customers at checkout. Prohibits and supercedes local government bag bans.
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Updated November 24, 2015

Austin

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Status Approved
Status Date 04/12/2012
Plastic Summary Requirements: 4.0 thick and recyclable.
Paper Summary Requirements: must contain a minimum of 40% recycled content beginning March 1, 2013, and contain a minimum 80% recycled content by March 1, 2014.
Reusable Definition A bag specifically designed and manufactured for multiple use, (a) requires labeling (b) has a handle (3) constructed of cloth or other washable fabric or approved plastic resins. Durable material whether woven or non woven, recyclable plastic with a minimum thickness of 4.0 mil and containing only
Stores Affected "Business establishment" means any commercial enterprise that provides carry out bags to its customers, including sole proprietorship, joint venture, partnership, corporation, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.
Fees None
Compliance Date 03/01/2013
Ordinance 20120301-078 Chapter 15-6
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Link to more information
Link to more information
Updated February 26, 2013

Brownsville

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Status Approved
Status Date 09/20/2010
Plastic Summary Requirements: biodegradable plastic or 4.0 mil thick and recyclable.
Paper Summary Requirements: no old growth fiber, 100% recyclable, 40% minimum of PCW and specific ID requirements.
Reusable Definition A bag specifically designed and manufactured for multiple use, (a) requires labeling (b) has a handle (3) constructed of cloth or other washable fabric or approved plastic resins. Durable material whether woven or non woven, recyclable plastic with a minimum thickness of 4.0 mil and containing only
Stores Affected "Business establishment" means any commercial enterprise that provides carry out bags to its customers, including sole proprietorship, joint venture, partnership, corporation, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.
Fees None
Compliance Date 03/20/2012
Ordinance 2010-911 F Chapter 46 Article II Sections 46-47 thru 46-52
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Updated April 20, 2012

Corpus Christie

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Status Pending
Notes 7/29/2013 Meeting scheduled for 7/30/2013 to begin discussion and present ordinance request for bag ban. 06/23/2012 - reviewing ban. Meeting scheduled for late May 2012
Updated July 29, 2013

Dallas

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Status Failed
Status Date 03/25/2014
Fees $0.05 environmental fee on plastic and paper
Compliance Date 01/01/2015
Ordinance 29307
Notes 06/04/2015: The Dallas City Council voted to repeal the city ordinance regulating carryout bags. The amendment banning plastic bags and exempting paper bags was voted down 9-6 by the Council before a motion to repeal the carryout bag ordinance was introduced. That motion for repeal passed 10-4. Beginning Monday June 8, 2015, carryout bags will be free in Dallas. 03/26/2014 This is not a ban, but they have instituted an environmental fee on paper and plastic bags. 7/2/2013 Dallas council on summer break, will resume talks in August. 5/23/2013 A draft proposal modeled after Austin bag ordinance is being distributed for review. Under review- no action at this time, no documentation or ordinance drafted.
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Link to more information
Updated June 04, 2015

El Paso

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Status Pending
Notes HB1877 tax on plastic (2011)
Updated April 22, 2012

Fort Stockton

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Status Approved
Status Date 08/24/2012
Plastic Summary Requirements: Durable material
Paper Summary Requirement: no old growth fiber, 100% recyclable, 40% minimum of PCW and specific ID requirements.
Reusable Definition A bag that is specially designed and manufactured for multiple reuse and is (1) made of cloth or fabric and /or (2) made of durable material specifically designed for reuse.
Stores Affected "Business" means any commercial enterprise or establishment, including sole proprietorship, joint venture, partnership, corporation, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.
Fees None
Compliance Date 09/01/2011
Ordinance 11-117 Chapter 12
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Updated April 20, 2012

Houston

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Status Pending
Notes The Mayor has brought up initial discussion, no ordinance is proposed at this time. See page 24 of document.
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Updated July 10, 2012

Issaquah

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Status Pending
Notes Reviewing ordinance in May 2012
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Updated April 22, 2012

Kermit

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Status Approved
Status Date 10/01/2013
Plastic Summary Requirements: 2.25 thick and Specific ID requirements.
Paper Summary Requirements: no old growth fiber, 100% recyclable, 40% minimum of PCW and specific ID requirements.
Reusable Definition Any bag with handles that is specifically designed and manufactured for multiple uses, minimum lifetime capacity of 125 or more uses, carry 22 or more pounds over a distance of at least 175 feet, has a minimum volume of 15 liters, made of cloth or other machine washable fabric, Shall not contain lead, cadmium, or any other heavy metal in toxic amounts. Or made of other durable material including plastic at least 2.25 thick.
Stores Affected
Store means any of the following retail establishments located within the City: (1) A full-line, self-service retail store with gross annual sales of one million dollars ($1,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at ...view more 10,000 square feet of retail space that generates sales or use tax pursuant to the Texas Uniform Local Sales and Use Tax Law. ; or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other entity engaged in the retail sale of a limited ine of goods that includes milk, bread, soda, and snack foods, including those stores with a license issued by the Texas Alcoholic Beverage Commission. view less
Fees Paper Fee: $0.10 per bag
Compliance Date 10/01/2013
Ordinance 13-05
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Updated October 22, 2013

Laguna Vista

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Status Approved
Status Date 09/11/2012
Plastic Summary Requirements: Durable material
Paper Summary Requirements: No old growth fiber, 100% recyclable, 40% minimum of PCW and specific ID requirements.
Reusable Definition A bag that is specially designed and manufactured for multiple reuse and is (1) made of cloth or fabric and /or (2) made of durable material specifically designed for reuse.
Stores Affected
Affected retail establishments means any retail business establishment, temporary vendor or restaurant, located within the corporate limits of the Town of Laguna Vista. "Business establishment" means any commercial enterprise, including sole proprietorship, joint venture, partnership, corporation, or other legal entity, whether for profit or not for profit, and includes all ...view more of the business or any independent contractors associated with the business. view less
Fees None
Compliance Date 01/01/2013
Ordinance 2012-23
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Updated October 10, 2012

Laredo

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Status On Hold
Status Date 06/02/2014
Plastic Summary Requirements: 4 mils
Paper Summary Requirements: a paper bag that contains no old growth fiber and a minimum of forty percent post-consumer recycled material.
Reusable Definition Reusable bag means a bag with handles that is specifically designed and manufactured for multiple reuse and is either (1) made of cloth or other washable fabric, and/or (2) made of durable plastic that is at least 4 Mils thick (1 Mil is one thousandth of one inch). (3) a paper bag that contains no old growth fiber and a minimum of forty percent post-consumer recycled material.
Stores Affected
Commercial establishment shall mean any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity whether for profit or not and includes all employees of the business and any independent contractors associated with the business that sells retail goods to the general public, including ...view more located in the Central Business District as defined by the Official Zoning Map of the City of Laredo, Texas. This does not include plastic or paper bags used in the sale and distribution of food stuffs such as meat, poultry, produce, .-laundry, newspaper, waste bags, pharmaceutical bags, veterinarian bags, restaurant bags, and bags used in charity and fundraising events. view less
Fees No fees- see section 33-456
Compliance Date 04/30/2015
Ordinance 2014-0-064
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Updated February 01, 2017

Midland

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Status Pending
Notes 2012 reviewing ban/tax
Updated April 22, 2012

Odessa

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Status Pending
Notes 2012 reviewing ban/tax
Updated April 22, 2012

Port Aransas

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Status Approved
Status Date 12/18/2014
Paper Summary Recyclable Paper Bag means a paper carryout bag provided by a retail establishment to a customer at the point of sale for purposes of transporting groceries or other goods and meets all of the following requirements: 1. contains no old growth fiber; 2. is 100% recyclable; 3. contains a minimum of 40% post-consumer recycled content; and 4. displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag.
Reusable Definition Reusable Bag means a bag that is specifically designed and manufactured for multiple reuse and is made of cloth or other fabric, or other durable material suitable for reuse, and has durable built-in handles or draw-strings.
Stores Affected Business establishment means a commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity including contractors associated with the business.
Compliance Date 01/01/2016
Ordinance 2014-15
Updated December 01, 2015

Sunset Valley

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Status Approved
Status Date 02/19/2013
Plastic Summary Requirements: 4.0 thick and recyclable.
Paper Summary Requirements: Recyclable Paper.
Reusable Definition A bag specifically designed and manufactured for multiple use, (a) requires labeling (b) has a handle (3) constructed of cloth or other washable fabric or approved plastic resins. Durable material whether woven or non woven, recyclable plastic with a minimum thickness of 4.0 mil and containing only.
Stores Affected "Business establishment" means any commercial enterprise that provides carry out bags to its customers, including sole proprietorship, joint venture, partnership, corporation, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.
Fees None
Compliance Date 09/01/2013
More Information Link to more information
Updated May 01, 2013

Waco

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Status Pending
Updated September 15, 2015
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