From Valley News Central
Attorney General Ken Paxton filed a lawsuit Wednesday against the city of Brownsville to permanently ban the "environmental fee" for plastic bags, according to a news release from his office.
Shoppers are charged $1 per plastic bag at the checkout counter if they do not provide their own bags. Paxton says the fee is an illegal sales tax.
Plastic checkout bags are considered "containers and packages," according to the Texas Health & Safety Code. Since state law requires local governments to manage waste from taxes already collected, the law does not allow the assessment of taxes or fees at the cash register.
“No local government has the authority to violate Texas law just because it feels like it,” Paxton said. “Clearly, Brownsville is raising taxes on its citizens through this unlawful bag fee. The rule of law must be upheld, and state law is clear –- bags may not be taxed.”
Shoppers in the city of Brownsville pay nearly $71,000 per month in the environmental fees, according to the news release.
The City of Brownsville responded with a press release that doesn't address Paxton's assertions and instead defends the plastic bag ban by saying it has proven environmental friendly and has been emulated by other cities. (Click on graphic to enlarge)
10 comments:
There is no plastic big enough to carry Brownsville to the dump!
Whatever the city gets from the bag fee is better than seeing the citizenry use the money to buy drugs. I support the fee 100% and would urge the city to enact a fee on these dumb bloggers. I call their blogs another kind of pollution!
you will note he sued the same day the Texas Court of Criminal Appeals ordered that his criminal case on felony charges moves forward. Sounds like a distraction to me.
Bobby WC
It is interesting that the Texas Republican Party, the party that claims to be for less government, has filed this suit. First, that with all that it going on in Texas the A.G's office has the time and resources to bring this suit. Secondly, it once again proves up that they don't really believe in less government or home rule, they believe in less government by people that are not themselves or their cronies. And home rule if they get to do the ruling. I think the city should just drop the option of a fee for plastic. Bring your own bags or juggle your goods but be a good citizen and help keep the city clean and stand up to the Austin hypocrits.
Can anyone answer this question....Does the Lone Star Card pay for plastic bags????? It seems that people using welfare have a basket full of plastic bags, while we diligently use our own bags. If the poor/welfare recipients aren't vested in the program, the ban isn't working. Amazing, the poor (those on welfare) don't give a shit about the city and are most likely to dump illegally, waste, and disregard the law.
A clean city is not the one you clean every day, but the one that the citizens KEEP CLEAN so it won't have to be cleaned EVERY DAY.
I don't see all the flying plastic bags that we used to see around Brownsville, I don't pay the dollar fee because I have my own bags and I USED THEM and keep and mantain clean, I do recycle plastic and take it to the recycling center and I do think The state's AG should leave such matters to municipalities (individual cities) and he should investigate OTHER POLITICAL problems that happen here in the RGV.
An easy solution will be to order the business to provide paper bags for free. After all, we are the ones going to their businesses and buying their products. There was never a ban on plastic bags since anyone could purchase them if so desired.
Anonymous 12:07 must of grew up with a silver spoon in his ass..
Don't read the blogs and get the heck out of town. In other words, F U!
The City of Brownsville has the bag ban and still is a garbage pile.
The City of Harlingen, has no bag ban and is quite clean.
OK...here is the quiz. Why is this so?
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