Texas Senate Bill SB103

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to the provision of bags to customers of a business at the point of sale.

Impact

The effect of SB103 would be significant. By preventing municipalities from adopting ordinances that restrict the provision of bags, the bill solidifies state-level control over this aspect of business transactions. Local governments would be unable to set their own rules regarding the use of bags by businesses, including regulations that might have been intended to manage environmental concerns associated with plastic waste. This centralization of authority may lead to a uniform policy throughout Texas but also raises questions about environmental stewardship and local governance powers.

Summary

SB103, presented by Senator Hall, seeks to amend Title 6 of the Business & Commerce Code by introducing a new chapter that allows businesses to freely provide bags or containers to customers at the point of sale. This legislation specifically permits any material for the bags, thus superseding local regulations that may restrict or prohibit such practices. The primary aim of the bill is to ensure that businesses have the authority to provide bags without incurring penalties, fees, or restrictions imposed by municipalities. It is designed to streamline sales processes and enhance business operations across Texas.

Contention

The bill has sparked some division among stakeholders. Proponents argue that it simplifies the regulations businesses face and eliminates a patchwork of local laws that complicate compliance. However, opponents contend that the legislation undermines local authority to address specific community needs and environmental protections. Critics fear that the removal of local control could lead to increased plastic bag usage and environmental degradation. Moreover, the inability for local governments to implement restrictions could negate efforts to reduce waste and protect local ecosystems.