TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed
TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to http://www.tml.org/p/AmicusBriefUpdate_041416.pdf.
Plastic Bag Ban: Laredo Merchants Assoc. v. City of Laredo, No. 04-15-00610-CV, in the Fourth Court of Appeals. In this case, the appellate court is asked to reverse the trial court’s determination that the city’s plastic bag ordinance was not preempted by Section 361.0961, Texas Health and Safety Code. Texas Municipal League (TML) and Texas City Attorneys Association (TCAA) argued that the appellate court should affirm the decision of the trial court because: (1) nothing in the Solid Waste Disposal Act limits with unmistakable clarity the authority of the City of Laredo to enact the ordinance; (2) a checkout bag is not a “container” or “package” as those terms are used in Section 361.0961; (3) cities may regulate checkout bags for purposes other than solid waste management; and (4) the city’s ordinance was adopted in a manner authorized by state law. TML and TCAA filed their brief on April 11, 2016.