Texas Lawmaker Wants State AG To Shred Plastic Bag Ban

Law360, New York (March 6, 2014, 7:32 PM EST) -- A Texas lawmaker asked the state attorney general's office for a formal opinion finding that plastic bag bans enacted by Austin and eight other Texas cities violate state law, according to a letter released Thursday.

Rep. Dan Flynn, R-Van, argued that the plastic bag bans and fees adopted to cover the cost of replacement bags run afoul of a Texas Health and Safety Code provision that prohibits local governments from restricting the sale or use of a container or package for solid waste management purposes if...
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