City Council to proceed with plastic bag ordinance

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

The Eagle Pass City Council approved to set forth a plan of action on a proposed plastic bag ordinance at their regular monthly council meeting held on Thursday, December 4,2014.

Originally, the City Council introduced a plastic bag ban ordinance in 2012 and had the first reading of the plastic bag ordinance on May 15,2012 and followed it up with a second reading on June 5,2012 before suspending its third and final reading for approval due to complaints received from local retail businesses, including H.E.B. and Walmart, opposing the ordinance and legal issues raised.

At a June 3 ,2014, City Council meeting, the Council was given an update on what city administration had done to address some of the issues and concerns stemming from local businesses in the community. City Manager Gloria Barrientos advised City Council what were the specific concerns and complaints raised by local businesses against the ordinance.

At the December 4th meeting, City Manager Gloria Barrientos reported to the City Council that on August 29,2014 , the Attorney General of Texas issued an Opinion finding that a court at law would likely conclude that a city ordinance prohibiting or restricting the use of plastic bags is prohibited by Sub-Section 361.09681of the Texas Health and Safety Code if the city adopted the ordinance for solid waste management purposes.

City Manager Barrientos further stated that whether a city adopted such an ordinance for solid waste management purposes would require a factual inquiry beyond the scope of the Attorney General’s opinion.

City Manager Barrientos noted that the plastic bag ordinance that the City of Eagle Pass is attempting to approve should not be based on solid waste management purposes as it is prohibited in Texas, according to the Attorney General Opinion.

City Manager Barrientos, however, opined that the City of Eagle Pass plastic bag ordinance “should be based on the protection of animals and the environment.”

City Manger Barrientos recommended to the City Council that the City of Eagle Pass should wait to adopt a plastic bag ordinance until the Texas Legislature, which convenes in January 2015, resolves the matter or to consider other alternatives such as voluntary compliance and actions encouraging recycling. “We currently have under the city recycling department various programs that encourage and promote recycling,” said Barrientos. Barrientos gave examples of what is currently being done on behalf of the City of Eagle Pass to promote recycling.

Mayor Pro-Tem Luis E. Sifuentes stated that it was understood that an ordinance could not be adopted in the matter discussed but that initially the city ordinance had started off as an environmental issue to avoid debris and trash being thrown near and around large retail businesses within the community.

Council discussed where the Eagle Pass plastic bag ordinance stood and if the city was going to proceed with setting and adopting the plastic bag ordinance.

Eagle Pass Mayor Ramsey English Cantu and Mayor Pro-Tem Luis E. Sifuentes then touched basis on reports of some of the issues and concerns presented by stores and owners regarding the implementation of such ordinance.

Barrientos further stated that although there were concerns that certain stores in the community such as H.E.B and Walmart had expressed that they were willing to meet with the city and move forward with a plan for recycling programs.

Mayor Cantu requested the city administration to set forth a presentation to be brought before the city council for a final and third reading of the City of Eagle Pass Plastic Bag ordinance to be voted on at a future City Council meeting pending any amendment necessary to be written by legal counsel. City Council approved Mayor Cantu’s request to city administration.

The City Council appears to be going forward at a future meeting with the third and final reading of the plastic bag ordinance for the City of Eagle Pass focusing on the animal and environmental concerns instead of solid waste considerations.