## Facts

- The City of Laredo, a home-rule city, enacted an ordinance making it unlawful for commercial establishments to provide or sell “single use” plastic and certain paper checkout bags at the point of sale.
- The ordinance stated goals including reducing litter, protecting storm drains and the Rio Grande River from plastic-bag pollution, and reducing the volume of waste.
- The Laredo Merchants Association sued, alleging the ordinance was preempted by the Texas Solid Waste Disposal Act (TSWDA), Tex. Health & Safety Code § 361.0961.
- Section 361.0961 prohibits a local government from adopting an ordinance that “prohibit[s] or restrict[s], for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.”
- The trial court upheld the ordinance; the court of appeals reversed; the Supreme Court of Texas granted review.

## Issues

1. Whether § 361.0961 of the TSWDA preempts a city ordinance that prohibits or restricts merchants’ provision of single-use checkout bags.
2. Whether single-use checkout bags are “container[s] or package[s]” within the meaning of § 361.0961.
3. Whether the ordinance was adopted “for solid waste management purposes,” and, if so, whether state law authorizes such local restrictions.

## Decision

- The Supreme Court of Texas affirmed the court of appeals and held the ordinance invalid as preempted by § 361.0961.
- The court held checkout bags are “container[s] or package[s]” under the statute’s ordinary meaning.
- The court held the ordinance’s stated aims and operation addressed litter and waste volume and therefore were “for solid waste management purposes.”
- Because the ordinance restricted the sale or use of containers or packages in a manner not authorized by state law, it conflicted with § 361.0961 and was unenforceable.
- A concurrence agreed the statute compelled the result and urged legislative attention to plastic-bag pollution.

## Legal Principles

- A home-rule city ordinance is unenforceable to the extent it conflicts with state law; when conflict exists, the statute controls.
- Under § 361.0961, a local government may not prohibit or restrict, for solid waste management purposes, the sale or use of a container or package unless state law authorizes the restriction.
- “Container or package” includes single-use retail checkout bags when given its ordinary meaning.
- An ordinance aimed at litter reduction, prevention of waste-related blockages, and reduction of waste volume is directed to “solid waste management purposes,” even if also framed as environmental or beautification regulation.
- Policy arguments supporting local regulation cannot override clear statutory preemption; courts apply the statute’s plain text.

## Conclusion

The Texas Supreme Court held that Laredo’s single-use checkout bag restrictions were preempted by the TSWDA because the ordinance regulated containers or packages for solid-waste-related purposes without state authorization, rendering the ordinance invalid.


City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018)