City Council approves Health Department and Plastic Bag Ordinance
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015
The Eagle Pass City Council approved to rescind its previous plastic bag ordinance while approving a new ordinance which establishes a new Health Department and regulates plastic bags in the City at their Tuesday, December 1, 2015 meeting.
During the meeting held on December, 1, 2015 under agenda item No.4 calling for the Second reading of an Ordinance amending Article II, Chapter 16 (Health and sanitation) of the Code of Ordinances of the City of Eagle Pass, Texas by adding new Division 3, prohibiting the use of plastic bags, creating an environmental advisory committee, ordaining other provisions relating to the subject matter, Eagle Pass Mayor Ramsey English Cantu explained that in order to move forward with agenda item No.5, which is an improved and proposed new version of the ordinance being sought, that city council needed to first vote down the old proposed plastic bag ordinance under agenda item No.4.
After a brief explanation by Legal Counsel Heriberto Morales, City Council voted down the old proposed Plastic Bag Ordinance on an unanimous vote. City Council had previously approved two public readings of a proposed plastic bag ordinance which only needed one additional reading and approval to become an official ordinance, but the City recommended rescinding the plastic bag ordinance in favor of approving a new ordinance establishing a new Health Department within the City of Eagle Pass and regulation of plastic bags under the Health Department in order to withstand legal challenges.
Under agenda item No. 5 , which called for the consideration and possible approval of an ordinance repealing Article I Chapter 16 (Health and Sanitation) of the Code of Ordinances of the City of Eagle Pass in its entirety and adopting new Article I, Chapter 16; amending Sections 16-30(3), 16-32(a), 16-48.1(a), Article II, Chapter 16; renumbering Sections 16-74 –16-90, Article I, Chapter 16; adding new Division 5, Article II, Chapter 16; and amending Section 16-94 (b) (d) (e), Article III, Chapter 16; providing provisions for public health inspector and plastic bags, Interim City Manager Hector Chavez explained to the City Council what was being sought under the agenda item.
“The first section has to do with the establishment of the Health Department and then we will go ahead and hire a health inspector,” said Chavez.
Chavez noted that this is the first reading and that it was being recommended by legal counsel for it to be approved subject to a review by legal counsel and if it warranted any changes that they could be done in the following readings of the ordinance.
An Ordinance must be read on three different public meetings before being approved and set into place under the City of Eagle Pass Code of Ordinances.
After a brief discussion, Mayor Cantu asked if there was any motion by any council member.
Councilman Luis E. Sifuentes made a motion to approve agenda item No.5 and seconded by Councilwoman Yolanda Ramon.
Mayor Cantu opened discussion and Chavez discussed certain issues on the new proposed Health Department ordinance, including a background on how the new ordinance had come about and what processes/research had been used to create the new ordinance.
Chavez requested Vanessa Herrera of the City’s Plastic Bag Ordinance Committee to make a presentation on their findings. Herrera advised City Council that the City’s Plastic Bag Ordinance, composed of several City employees, had traveled to Brownsville, Texas to meet and talk with Brownsville City Officials on how they approved their plastic bag ordinance and its contents. Herrera also noted the Committee visited the City of Laredo, Texas to research that City’s plastic bag ordinance and its passage.
Herrera advised City Council that both Brownsville and Laredo had approved plastic bag ordinances through their Health Departments in order to defeat legal challenges and the need to simplify the plastic bag ordinance. Herrera noted the new proposed City of Eagle Pass ordinance establishing a Health Department and regulating plastic bags follows the Brownsville and Laredo city ordinances.
After Vanessa Herrera’s presentation, City Council approved agenda item No.5 unanimously.
The City of Eagle Pass has initiated the process of setting up their Health Department and an Plastic Bag Ordinance which requires one more public reading and approval. The Eagle Pass City Council , administration and the City Legal Department plan to iron out details and tweak parts of the proposed ordinance before taking one last vote to set it in place onto the City of Eagle Pass Code of Ordinances.
The plastic bag ordinance has been a priority of Mayor Cantu for several years now. It has met opposition from local retail businesses such as H.E.B., Walmart, and Eagle Grocery & Meat Market.
The public is invited to attend the next City Council meeting at which the new proposed Health Department and Plastic Bag Ordinance is read for a third time and approved to express their public comments concerning this ordinance.
Eagle Pass City Councilwoman Gloria Hernandez was not present during the December 1, 2015 meeting.
