Omar Khalid
Plastic bag laws in Austin, Texas, have been a topic of contention for several years. In 2012, Austin was expected to vote on a ban that would eliminate all single-use bags, both paper and plastic. The city's Single-Use Carryout Bag Ordinance (SUBO) took effect in March 2013, regulating the types of bags businesses could distribute and encouraging a shift to reusable options. This ordinance was successful in reducing plastic bag litter in Austin. However, in 2018, the Texas Supreme Court ruled that bag bans violate state law, causing Austin to lose its ability to enforce SUBO. Despite this setback, Austin remains committed to reducing plastic bag waste and achieving its zero-waste goal. The debate over plastic bag laws in Austin highlights the challenges of balancing environmental concerns, business interests, and legal restrictions in Texas.
| Characteristics | Values |
|---|---|
| Name of the law | Single-Use Carryout Bag Ordinance (SUBO) |
| Date of implementation | March 1, 2013 |
| Objective | To reduce the use of single-use plastic bags and encourage the use of reusable bags |
| Definition of a reusable bag | Made of cloth or machine-washable fabric, or a plastic film bag that is at least 4 mil thick |
| Requirements for businesses | Purchase and distribute bags that comply with the law, display messages in-store about the ban, and encourage customers to bring their own bags |
| Impact | Reduced the number of plastic bags in litter composition by 75% |
| Enforcement | No longer enforced due to a Texas Supreme Court ruling that bag bans violate state law |
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What You'll Learn
The Single-Use Carryout Bag Ordinance (SUBO)
The ordinance did not include a bag fee, making it a straightforward ban on single-use bags. It also required stores to post signs in English and Spanish, describing the city's ban and encouraging customers to bring their own bags. Additionally, reusable bags must display their reusability visibly.
A 2015 study found that SUBO reduced the number of bags used in Austin by more than 197,000, with a 75% reduction in plastic bags in litter composition. The study also showed that compared to Forth Worth, which had a 0.12% rate of bags in litter, Austin had only 0.03%.
However, in June 2018, the Texas Supreme Court ruled that a similar bag ban in Laredo, Texas, violated state law. As a result, Austin lost its ability to enforce SUBO, and the city announced it could no longer implement the ordinance. Despite this setback, Austin Resource Recovery remains committed to engaging with retailers and gathering data on single-use plastic bags. They also continue to promote the benefits of reusable bags and their role in supporting the community's Zero Waste goal.
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The Texas Supreme Court ruling
In 2012, the City of Austin's Single-Use Carryout Bag Ordinance (SUBO) was approved by the Austin City Council. The ordinance, which took effect in March 2013, regulated the types of bags that could be distributed by businesses in Austin and encouraged a shift towards reusable bags. The ordinance was successful in reducing the number of single-use plastic bags in the city, with a 2015 study showing a 75% reduction in plastic bags in litter composition.
However, in June 2018, the Texas Supreme Court ruled that the city of Laredo could not ban disposable plastic bags, stating that bag bans violate state law. This ruling impacted Austin's ability to enforce its own single-use bag ban. The court's decision was based on the Texas Health and Safety Code, which states that local governments in Texas may not "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." Opponents of bag bans argued that the language of this code made the bans illegal, and the court agreed, noting that state lawmakers had not defined how plastic bags fit into the regulatory framework.
Following the Texas Supreme Court ruling, Austin officials announced that they would no longer enforce the plastic bag ban at most retail outlets. Despite this setback, many Austin residents and businesses continued to use reusable bags and support the city's zero-waste goal. However, legislative efforts to revive bag bans in Texas have faced challenges, and some cities, like Brownsville, have had to stop enforcing their own bans.
The Texas Supreme Court's ruling on plastic bag bans has had a significant impact on the state's efforts to reduce plastic waste and protect the environment. While some have criticized the ruling for hindering progress on waste reduction, others have pointed out the need for creative recycling solutions and continued education on the benefits of reusable bags.
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Plastic bag ban in Austin
Plastic bags are a serious issue for people residing near beaches and waterways in the Corpus Christi area. They often end up in the ocean, where marine wildlife mistakes them for food, with devastating consequences. In 2012, the United Nations Environment Program called for a worldwide ban on thin single-use plastic bags, which are often found hanging in trees, floating in streams, and accumulating in the ocean, harming marine life.
In 2012, the south Texas city of Brownsville was the first in Texas to ban thin polyethylene bags. Since then, South Padre Island, Fort Stockton, Kermit, Austin, Laredo, El Paso, and Brownsville have all introduced bans or taxes. In 2018, the Texas Supreme Court ruled that the city of Laredo could not ban disposable plastic bags, and that bag bans violate state law. As a result, Austin lost its ability to enforce its Single-Use Carryout Bag Ordinance (SUBO), which had been successful in reducing the number of plastic bags in the city.
Austin's SUBO, which took effect in March 2013, regulated the types of bags that could be distributed by businesses and encouraged a shift to reusable bags. The law allowed reusable bags made of cloth and machine-washable fabrics and plastic film bags that were not machine washable but had to be at least 4 mil thick. The ordinance did not include a bag fee and aimed to ensure that Austin businesses purchased and distributed bags that were durable.
Despite the setback, Austin remains committed to reducing plastic bag waste. Austin Resource Recovery continues to engage with retailers, gather feedback, and educate the community about the benefits of reusable bags. Environmental groups and city leaders are also advocating for a revival of municipal bag bans, emphasizing the negative impact of plastic bag litter on the city.
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Reusable bags
In 2012, the Austin City Council approved the Single-Use Carryout Bag Ordinance (SUBO), which came into effect in March 2013. The SUBO regulated the types of bags that could be distributed by businesses in Austin, encouraging a shift towards reusable bags.
The SUBO defined a reusable bag as one made from cloth or machine-washable fabrics, or a plastic film bag that is at least 4 mil thick. Reusable bags must display their reusability visibly, and stores must post signs in English and Spanish describing the city's ban on single-use bags.
The SUBO was successful in reducing the number of bags used in Austin. A 2015 study found that the ban reduced bag use by more than 197,000 bags, and there was a 75% reduction in the number of plastic bags in the city's litter composition.
However, in 2018, the Texas Supreme Court ruled that a similar bag ban in Laredo, Texas, violated state law, causing Austin to lose its ability to enforce the SUBO. Despite this setback, Austin Resource Recovery continues to engage with retailers and gather data on the barriers to reintroducing single-use plastic bags. They also provide education and outreach on the benefits of reusable bags and their role in supporting the community's Zero Waste goal.
Some retailers, like H-E-B, continue to encourage customers to bring reusable bags, and initiatives like 1 Bag at a Time give away free custom reusable bags during Earth Week.
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Plastic pollution
Recognizing the urgency of addressing plastic pollution, Austin implemented the Single-Use Carryout Bag Ordinance (SUBO) in 2013. This ordinance regulated the types of bags distributed by businesses, encouraging a shift towards reusable options. The law permitted reusable bags made of cloth and machine-washable fabrics, as well as plastic film bags with a thickness of at least 4 mil. The ordinance was successful in reducing plastic bag litter in Austin, with a 2015 study showing a 75% reduction in plastic bags in litter composition.
However, despite the positive impact of the SUBO, the Texas Supreme Court ruled in 2018 that the city could no longer enforce the ban on single-use plastic bags. This decision was based on the Texas Health and Safety Code, which states that local governments may not "prohibit or restrict the sale or use of containers or packages for solid waste management purposes." As a result of this ruling, Austin businesses are no longer restricted from providing disposable plastic bags to customers.
The inability to enforce the plastic bag ban has had detrimental effects on the environment. Eric Paulus, the director of Ecology Action of Texas, noted a noticeable decline in plastic bag litter during the ban and an increase in plastic pollution after the ban was lifted. Plastic bags continue to pose a threat to wildlife, with reports of horses and cows across the state succumbing to the lethal effects of ingesting plastic bags.
To mitigate the impact of plastic pollution, some cities in Texas have introduced creative recycling initiatives. For example, Corpus Christi's solid waste department focuses on educating residents about the importance of recycling, although they currently do not recycle plastic bags due to technical challenges. Additionally, Austin Resource Recovery is committed to engaging with retailers and gathering data to promote the adoption of reusable bags and support the community's Zero Waste goal. While legislative efforts to reinstate the plastic bag ban have been unsuccessful, these alternative approaches to reducing plastic pollution are crucial in protecting Texas's delicate ecosystem.
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Frequently asked questions
The Single-Use Carryout Bag Ordinance (SUBO) is a law that regulates the types of bags that can be distributed by businesses in Austin, Texas. It encourages the use of reusable bags made of cloth and machine-washable fabrics.
The SUBO was approved by the Austin City Council in 2012 and took effect on March 1, 2013.
The SUBO was successful in reducing the number of single-use plastic bags in Austin. A 2015 study found a 75% reduction in plastic bags in litter composition, and an overall reduction of more than 197,000 bags.
The SUBO was implemented to reduce plastic bag waste and litter, protect wildlife, and prevent bags from clogging storm drains. Plastic bags are a particularly troublesome part of the waste stream and have many negative environmental impacts.
As of 2018, Austin is no longer enforcing the SUBO after a Texas Supreme Court ruling that bag bans violate state law. However, businesses and residents are encouraged to continue using reusable bags to minimize plastic bag waste.
