TITLE: Relating to the regulation by certain municipalities of disposable plastic bag use.

SUMMARY: Relating to the regulation by certain municipalities of disposable plastic bag use.

FULL TEXT:
AN ACT relating to the regulation by certain municipalities of disposable plastic bag use. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 551, Local Government Code, is amended by adding Section 551.008 to read as follows: Sec. 551.008. REGULATION OF DISPOSABLE PLASTIC BAG USE IN CERTAIN MUNICIPALITIES. (a) Notwithstanding Section 361.0961(a)(1), Health and Safety Code, a municipality with a population of less than 300,000 that holds a Phase I municipal separate storm sewer system permit from the Texas Commission on Environmental Quality may adopt an ordinance prohibiting or restricting the use of disposable plastic bags if: (1) the municipality, through its environmental services department if applicable, issues a report on the proposed ordinance's potential effects, including on the municipality's storm sewer system; (2) the findings of the report are presented at a public hearing on the adoption of the proposed ordinance; and (3) the municipality publishes on its Internet website for reference by the public and other municipalities: (A) the report; and (B) periodic updates to the report with data and other findings regarding the actual effects of the ordinance. (b) An ordinance adopted under this section: (1) may not include a new tax or fee related to the use of disposable plastic bags; (2) may not be effective for a period longer than three years; and (3) may be readopted if the requirements of this section are met. SECTION 2. This Act takes effect September 1, 2019.