Group says bag ban violates state law

AUSTIN (KXAN) - The Texas Retailers Association claims Austin’s new citywide bag ban is in violation of state law. The ban goes into effect on March 1, and will outlaw the use of single-use bags, with some exceptions.

Even so, the association said the ban violates a health and safety code in the Texas Constitution. The group filed a lawsuit against the city of Monday.

"Once we read that statute it appeared to us to be pretty square on point of preempting the city's action in this case," said Ronnie Volkening, president and CEO of the Texas Retailers Association. "That's why we didn't do it any sooner, we weren't aware of it any sooner and apparently neither was the city."

The lawsuit is not seeking an injunction and the bag ban will still go into effect on Friday.

“Although the city has not yet been served with the lawsuit, we are familiar with the allegations and we are prepared to defend the ordinance" said City of Austin media relations manager Reyne Christopher Telles.

"We stand behind the intent of the ordinance and do not believe it poses a hardship to affected businesses. The City is committed to working with businesses to help them comply with the ordinance and offers a number of resources to make this process as easy as possible."