Sec. 361.0961.  RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION.  (a)  A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:
(1)  prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;
(2)  prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law;  or
(3)  assess a fee or deposit on the sale or use of a container or package.
(b)  This section does not prevent a local government or other political subdivision from complying with federal or state law or regulation.  A local government or other political subdivision may take any action otherwise prohibited by this section in order to comply with federal requirements or to avoid federal or state penalties or fines.
(c)  This section does not limit the authority of a local government to enact zoning ordinances.
Added by Acts 1993, 73rd Leg., ch. 1045, Sec. 12, eff. Sept. 1, 1993.