Texas Senate Bill SB648

Texas 2019 - 86th Regular

Caption

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

Impact

The bill's passing would have implications for state and local governance, as it seeks to limit the ability of local jurisdictions to regulate single-use bags. By stipulating that these bags cannot be classified under the same restrictions as other containers or packages, the bill reinforces state-level uniformity in legislating retail practices. Supporters of the bill could argue that it simplifies compliance for retailers and fosters economic activity by reducing the patchwork of regulations that can exist at the local level.

Summary

Senate Bill 648 aims to clarify the provisions in the Texas Health and Safety Code regarding local government regulations on the sale or use of containers and packages. The bill specifically amends Section 361.0961 by adding a definition that excludes single-use bags provided by retail businesses to customers at the point of sale from the definitions of 'container or package.' This exclusion is crucial as it intends to prevent local governments from imposing prohibitions or restrictions on the use of these single-use bags, thereby maintaining a consistent regulatory approach across the state.

Contention

Despite the intended clarity, the bill may face opposition from environmental advocacy groups and municipalities that seek to implement local measures for sustainable practices. Critics might argue that in excluding local authorities from regulating single-use bags, the legislation undermines community autonomy to make decisions best suited to their environmental goals. This contention revolves around the balance of state policy versus local governance, particularly in matters related to environmental stewardship and public health concerns.