As proponents continue to tout the benefits of banning plastic bags, the debate over whether Texas cities like Austin actually have the ability to enact such ordinances has made its way to the attorney general's office.
In a letter [PDF] seeking an opinion from Attorney General Greg Abbott, state Rep. Dan Flynn, R-Canton, questioned whether the city bans are in compliance with the state’s health and safety laws.
“At least nine cities in Texas have enacted bans on plastic bags and adopted fees on replacement bags in recent years,” the letter stated. “This appears to be in contravention of state law.”