Bill

HB 3482

85(R) - 2017
House Urban Affairs
Read Bill & Check Bill Status
House Urban Affairs
Business, Industry, & Commerce
Environment

Vote Recommendation

No
  • Negative
  • Neutral
  • Neutral
  • Negative
  • Negative

Author(s)

Gina Hinojosa

Bill Caption

Relating to clarifying the law regarding local government prohibitions or restrictions on the sale or use of a container or package.

Fiscal Notes

From the LBB: No significant fiscal implication to the state is anticipated.

Bill Analysis

Under current law, a local government may not adopt an ordinance, rule, or regulation to prohibit or restrict, for waste management purposes, the sale or use of a container or package in a manner not authorized by state law. HB 3848 would specifically exclude a single-use plastic bag from the definition of “container or package”.

Vote Recommendation Notes

This legislation is an attempt to avoid state preemption of local government regulations banning certain plastic bags. Our support for local control extends only to the point that local governments become onerous in their regulations. We support state preemption when necessary to rein in local governments that cross into big-government style regulation. For these reasons we oppose this bill.