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Can ban lawsuit moves back to Comal County

From last week:

Travis County District Judge Scott Jenkins removed two state agencies from a lawsuit filed against New Braunfels by a coalition of businesses over the law banning disposable containers on the rivers — popular tubing routes.

Jenkins dismissed the Texas Commission on Environmental Quality and the Texas General Land Office from the suit. This kept the ban in place and transferred the case back to a district court in Comal County. The case was originally moved to Travis County because a state agency was named as a defendant.

“It’s a win for the city because the city wants the case heard in Comal County where it resides and its own citizens decide,” said Frank Onion, assistant New Braunfels city attorney. “It’s important to remember the ‘can ban’ ordinance was supported and reaffirmed by the voters in November.”

The lawsuit had been moved to Travis County in February, and as noted was easily upheld by the voters last November. We’re now officially in the high season for tubing, so one way or another we ought to get some idea of this law’s effects, both on the businesses and the amount of trash in the rivers. Check back in a few months and we’ll see how it went.

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