DALLAS (CBSDFW.COM) – Dallas’ plastic bag fee ordinance may violate state law, according to an attorney general’s opinion.
This could lead to the city outright banning single-use plastic bags.
Dallas Councilman Dwaine Caraway said, “If we’re pushed, we’ll drop the fee and institute the full ban.”
Caraway first proposed banning plastic bags more than a year ago. He said the council “compromised” with retailers by instead voting for a 5-cent per bag ordinance. It’s set to go into effect at the beginning of next year.
Texas Attorney General Greg Abbott said whether a plastic bag ban violates state law comes down to intent. If a city passes a ban “for solid waste management purposes, it could violate state law, according to Abbott’s opinion.
Caraway said single-use plastic bags have become a major litter issue and banning the bags is in the interested of public health and welfare.
Gary Huddleston with the Texas Retailers Association, said the Attorney General’s opinion that the 5-cent fee conflicts with state law is “good news for customers in the City of Dallas who are facing paying a fee for a paper or plastic bag at a retail store.”
Huddleston added he hopes the city council will now ”re-evaluate” its position on an outright ban.
Abbott’s issued opinion is not legally binding. A court will ultimately have to decided intent.
(©2014 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
- Suspects In 4 Overnight 7-Eleven Robberies Caught In Arlington
- Consumer Justice Helps Students Affected By Sudden Driving School Closures
- Dallas Lawmaker Wants Attacks On Police Classified ‘Hate Crimes’
- Officers Save Man From Burning Car In Flower Mound
- 4-Alarm Fire Damages 3 Biz, 2 Dozen Cars In Balch Springs