Paxton asks TX Supreme Court to rule against bag bans

Attorney General Ken Paxton filed an amicus brief Thursday asking the Texas Supreme Court to affirm a decision by the San Antonio Court of Appeals against bag bans.

The San Antonio Court of Appeals case involves a bag ban in Laredo. 

In a press release, Paxton's office said that he believes bag ban ordinances across the state are unlawful because they violate a Texas statute regulating solid waste disposal.

The Texas Health and Safety Code forbids municipalities from making rules 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."

"Cities across Texas are failing to respect the rule of law and unlawfully passing the burden of municipal solid waste management to residents and retailers through bag bans," Attorney General Paxton said. "Municipalities do not get to violate Texas law merely because they don’t like it. We’re asking the Texas Supreme Court to uphold the law so that the ruling can be used to invalidate similar ordinances across Texas."

The City of Austin passed a ban on single-use carryout bags in March 2013.

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