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Attorney General To Reconsider Bans On Plastic Bags

Posted on 3/12/2014 by with 0 comments

As proponents continue to tout the benefits of banning plastic bags, the debate over whether Texas cities like Austin actually have the ability to enact such ordinances has made its way to the attorney general’s office.

In a letter seeking an opinion from Attorney General Greg Abbott, state Rep. Dan Flynn, R-Canton, questioned whether the city bans are in compliance with the state’s health and safety laws.

“At least nine cities in Texas have enacted bans on plastic bags and adopted fees on replacement bags in recent years,” the letter stated. “This appears to be in contravention of state law.”

The letter, which was received last week by the attorney general’s office, asks the office to interpret a specific section of the Texas Health and Safety Code. The section states that a municipal district may not pass legislative restrictions or charge fees relating to the consumption of a “container or package” for waste management purposes.

“I can’t begin to tell you how many phone calls we received about the legality of the bans,” said Flynn, whose district does not have any communities that have imposed bag bans. Even though it doesn’t affect him directly, “there are a lot of people who are really inconvenienced by it,” he said.

 

 

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