City of Eagle Pass to scratch Plastic Bag Ordinance and start anew
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015
The Eagle Pass City Council heard an update on the proposed plastic bag ordinance that was begun in 2012 but had been placed on hold after two of the three readings required to be approved.
During the course of their regular meeting on Tuesday, November 3, 2015, City Council heard an update report from Interim City Manager Hector Chavez who recommended that city council consider striking down the already proposed plastic bag ordinance ordinance in its entirety which was left pending on its second reading at their June 2012 meeting and commence a new process of evaluating and consideration of the plastic bag ordinance.
After 72 months later, Interim City Manager Hector Chavez is recommending to City Council that a further review and process be administered due to changes that he felt were beneficial to all stakeholders and the community.
“We did get up to the second reading of the ordinance and it’s been now quite some time since that happened,” said Chavez.
Chavez explained the process that had been taken in collecting the appropriate data to pursue the cementing of the proposed Plastic Bag ordinance.
“We would like to recommend that we start all over again, start with a public meeting and present everything that we have to the public and then get started with the readings and give everybody, again an opportunity to have their comments, views known,” said Chavez.
Chavez noted that a committee has been set up to work on a recycling ordinance for the City of Eagle Pass.
City Council and Chavez continued to discuss certain concerns and issues that have been raised against the plastic bag ordinance and what the city can do to further the process, including consulting with the City of Laredo, Texas on their implementation of their Plastic Bag ordinance.
Pursuant to Chavez’s recommendation, the City of Eagle Pass is expected to scratch or strike down the already existing proposed Plastic Bag ordinance and move forward with a new process again.
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 and opposition received from local retail businesses, including H.E.B. and Walmart.
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. Former City Manager Gloria Barrientos advised City Council what were the specific concerns and complaints raised by local businesses against the plastic bag ordinance.
At the December 4th meeting, Former 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 of law would likely conclude that a city ordinance prohibiting or restricting the use of plastic bags was prohibited by Sub-Section 361.09681of the Texas Health and Safety Code if the city adopted the ordinance for solid waste management purposes.
Former 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.
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.
Barrientos, however, recommended that the City of Eagle Pass plastic bag ordinance “should be based on the protection of animals and the environment.”
Barrientos recommended to 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 manner 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.
City 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.
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 Plastic Bag ordinance and any necessary amendments were left pending and had not been addressed including a third and final reading until now that a recommendation to start the process again has been set and is expected to be followed. The Plastic Bag ordinance Saga continues.
