Austin Bag Ban: Should it be "sacked"?

We have all been asked, “paper or plastic?” Regardless of preference, embedded in the age-old question is the premise that we will be provided a bag —a means to transport the goods purchased from a retail store. Although consumers expect to be provided bags at retail establishments, Austin has recently enacted ordinances that prohibit that practice. In a good-willed effort to reduce waste and impose more "environmentally responsible" choices on consumers and businesses, the City of Austin has stepped across constitutionally drawn lines.  While the Bag Ban and it’s threatened penalties for non-compliance has already gone into effect March 1^st, 2013, state law stands in the way of the Austin policy maker's plans to enforce their “green police” agenda.

Section 261.0961 of the Texas Health and Safety Code provides: “A local
government or other political subdivision may not adopt an ordinance, rule, or regulation to: prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.”

Texas law is clear: a city may not ban bags, unless authorized by the State to do so, which it has not. But this is exactly what Austin did.

In addition to violation of Texas Constitutional Law by infringing on retailers legally protected rights, it also poses harm to consumer welfare; recent studies conducted by Austin's own University of Texas, have shown the unsanitary conditions lurking in the bottom of a typical “reusable bag”. Pathogens such as Salmonella, MRSA, and Staphylococcus Auras (better known as “staph infection”) have been found in the mesh fibers of a once or twice-used bag. So consumer’s new-found responsibility to bring their own bags is not only a mild inconvenience as you find your bread flattened at the bottom of an overstuffed tote, but it is  also a serious threat to public safety. 

Austin’s intentions have been well-intentioned with the well being of the environment in mind. However the lack of consideration for state law, retailer’s rights, and consumer safety, has caused a disconnect between the policy and Austin residents. Instead of mandating it’s citizens and businesses into compliance, I believe the city should take an educational approach and strongly encourage waste-reduction. In the city of diversity, acceptance, and ingenuity, I understand a push for more responsible behavior; this can be achieved without infringing on our state-constitutional rights.