AUSTIN, TX – The Texas Public Policy Foundation’s (TPPF) Center for Local Governance Director James Quintero issued the following statement on the Port Aransas City Council 5 to 1 vote last week to suspend its ordinance prohibiting businesses from providing single-use plastic bags to customers. Port Aransas’ decision to upend the ordinance comes on the heels of a recent opinion issued by the Fourth Court of Appeals finding that a similar ban enacted by the city of Laredo had been passed in violation of existing state law and must be struck down.
“Port Aransas’ about-face is a big win for consumers and those who believe in the rule of law, but still too many Texas cities are enforcing plastic bag bans in violation of state law,” said Quintero. “Cities are not above the law. Local officials have a duty to respect laws passed by the State, and when those directives are ignored, the Legislature and the Courts have a responsibility to take immediate and decisive action to uphold the rule of law.”
In April, TPPF filed an amicus curiae brief in Laredo Merchants Association v. City of Laredo, Texas opposing the City of Laredo’s ordinance that directly contradicts Texas law by prohibiting retailers from providing customers with plastic bags. To read the Texas Public Policy Foundation’s amicus brief, please click here.
For more information or to request an interview with Mr. Quintero, please contact Caroline Espinosa at [email protected] or 512-472-2700.
James Quintero is Director of the Center for Local Governance and Think Local Liberty project at the Texas Public Policy Foundation.
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The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.