AUSTIN, Texas — Next week, state lawmakers will convene for the 86th Legislative Session.
- Proposed legislation would give cities the right to decide whether or not bag bans are right for them
- Opponents of plastic bag bans say its an abuse of government power
- Environmentalists urge lawmakers to consider long-term effects of plastic bags
Momentum is building for this session to be the ultimate showdown between Texas cities and the state over local control issues, like the debate about single-use plastic bag bans.
The bans on single-use plastic bags were aimed at curbing litter and eliminating environmental concerns.
"Animals die from ingesting a lot of plastic bags," Robin Schneider with the Texas Campaign for the Environment said.
However, opponents of the plastic bag bans argued the real concern lies in an abuse of government power.
"Here in the state of Texas we value things like individual liberty and personal responsibility and limited government. Plastic bag bans fly in the face of a lot of those principals," James Quintero with the Texas Public Policy Foundation said.
Now, whether municipalities should be able to revive such bans is back on the table.
Austin Democratic state lawmaker Gina Hinojosa's proposal would essentially keep any potential grocery bag ordinances from falling victim to Dillon's Rule, a law that says city governments are subordinate to the state government.
Quintero believes it's state lawmakers' job to protect the life, liberty and property of Texans and not govern their grocery bags.
"To the extent that local governments are overreaching or acting in a fashion that they really shouldn't be, the legislature has a responsibility to take corrective action," Quintero said.
Environmentalists are urging lawmakers to consider the long-term effects of plastic bags, both environmentally and financially.
"Local governments pay for dealing with the pollution. A lot of it in terms of doing cleanups in our waterways or trees or right-of-ways," Schneider said.
Schneider says she's hoping lawmakers take a serious look at the proposal and convince Governor Greg Abbott to change course.
"He has railed against local bag laws unfortunately, but if the legislature is willing to give local governments the power to address this pollution problem, hopefully he would go along with it," Schneider said.
While state laws typically trump local laws because of Dillon's Rule there's also another element at play here...the retailers.
Grocery stores could choose to ban single-use paper or plastic bags regardless of what state or local ordinance says.
Both HEB and Wal-Mart have done so in Austin, and the grocery store chain Kroger has promised to totally eliminate single use bags by 2025.