Thursday, January 15th, 2015

SPI and the APBA Concur with Texas Gov.-Elect Abbott Regarding its “Patchwork Quilt” of Harmful Regulations

SPI and the American Progressive Bag Alliance (APBA) agree with recent comments made by Texas Governor-Elect Greg Abbott: numerous local regulations on a variety of issues are undermining Texas’ reputation as a friendly place to do business. Last week Texas’ first new governor in 14 years got a great deal of press for his vocal opposition to these regulations, specifically “bag bans, fracking bans [and] tree-cutting bans.” Abbott’s position was clearly stated in a Houston Chronicle article on the subject:

“Texas is being California-ized and you may not even be noticing it…We’re forming a patchwork quilt of bans and rules and regulations that is eroding the Texas model. We need to peel back some of these ridiculous, unnecessary requirements.”

This “patchwork quilt” of regulation that he references is easy enough to understand: companies that face a hodgepodge of statutes and requirements within a state often find it difficult to do business in that state in general. And when companies have to spend more time complying than innovating—more time adjusting to ever-changing standards than catering to and satisfying customers—everyone suffers: consumers, businesses and the state economy as a whole.

Remarkably, Texas long ago acted to prevent such a “patchwork quilt” of regulation. As Abbott stated in August, in his role as the state’s Attorney General:

“A court would likely conclude that a city ordinance prohibiting or restricting single-use plastic bags is prohibited by subsection 361.0961(a)(1) of the Health and Safety Code…[and]…a court would likely conclude that section 361.0961(a)(3) prohibits a city from adopting an ordinance…on the sale or use of a single-use plastic bag.”

In other words, the state enacted legislation to prohibit local action on this issue; local governments simply have chosen not to comply with it. Given this recent opinion regarding plastic bag regulation, Abbott’s feelings about it and similar local ordinances should come as no surprise. Texas Retailers Association President Ronnie Volkening, in an article posted on My Fox Austin’s website, summed up the business community’s reaction to Abbott’s comments on the subject:

“We supported Abbott when he was attorney general, when he issued an opinion that there’s an existing state statute which holds that local governments are prohibited from enacting these kinds of ordinances. We support that position and we are encouraged to hear Abbott speak out on that today.”

SPI and the APBA agree: local statutes in Texas regulating the sale or use of plastic bags are erroneous, serious and in violation of state law. The good news is that all the state needs to do to stop its “California-ization” on this issue is enforce the state law that already exists.

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