Texas Attorney General Ken Paxton is wading into another fight over local control; this one about plastic bags at grocery stores.
The Republican on Wednesday sued the city of Brownsville over its $1 per-bag fee, started in 2011 to cut down on waste, calling it an “illegal sales tax.”
“Clearly, Brownsville is raising taxes on its citizens through this unlawful bag fee,” Paxton said in a statement. “The rule of law must be upheld, and state law is clear – bags may not be taxed.”
The lawsuit, filed in Cameron County, is Paxton’s first attempt to thwart city efforts to curb waste by charging for bags or banning them. He joins the Texas Public Policy Foundation, the powerful conservative group, in that broad effort.
The Brownsville bag fee was passed in 2011, but Paxton is only getting involved now that an appeals court has overturned Laredo’s bag law. You would think that since cities are responsible for garbage collection that cities ought to have a fair amount of leeway to take measures to minimize and optimize that task, but then you would not be Ken Paxton or his meddling enablers at the TPPF. Why is a fee for plastic bags different than a fee for (say) heavy trash pickup or disposal of toxic chemicals? I’m pretty sure the answer to that question will be “it just is” and “because we said so”. If we want different outcomes, we need different leaders.