Fort Worth's Single-Use Items: The Rules That Matter

If you live in Fort Worth or are thinking about moving there, single-use items are one of those things you probably won't think about until they affect you directly. Fort Worth has 3 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Polystyrene Foam Rules

Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Fort Worth has no polystyrene ban and cannot lawfully prohibit expanded polystyrene cups, plates, or takeout containers.

Key details: Preempting Statute: Texas H&S Code Sec. 361.0961. Controlling Case: Laredo Merchants 2018. Fort Worth Rule: No foam container restrictions. Recycling: Limited drop-off available.

No Fort Worth ordinance restricts polystyrene foam containers; businesses face no fines or compliance obligations. State preemption blocks city enforcement of any foam container regulation citywide.

If you are coming from a city with tighter rules, you will find Fort Worth gives residents more flexibility on polystyrene foam rules.

Plastic Straw Rules

Texas state law preempts local regulation of single-use food service items including plastic straws. Fort Worth has no straw ban or upon-request rule; restaurants distribute plastic straws freely without local penalties or fees.

Key details: Preempting Statute: Texas H&S Code Sec. 361.0961. Fort Worth Rule: No straw ban or request rule. Voluntary Programs: Environmental education only. Customer Right: Refuse straw at restaurants.

No Fort Worth ordinance regulates single-use straws; food service businesses face no local penalties for plastic straw distribution. Texas state preemption blocks any municipal enforcement attempt.

The rules around plastic straw rules in Fort Worth lean permissive, but that does not mean anything goes.

Plastic Bag Rules

Fort Worth has no plastic bag ban. Tex. Health & Safety Code § 361.0961 preempts local checkout-bag ordinances, as the Texas Supreme Court confirmed in City of Laredo v. Laredo Merchants Ass'n (2018). Fort Worth never enacted one and instead promotes voluntary recycling through the Crud Cruiser, Drop-Off Stations, and Knowing Your H2O programs.

Key details: Local Ordinance: None — never enacted. Preemption Statute: Tex. Health & Safety Code § 361.0961. Controlling Case: City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018). City Programs: Drop-Off Stations, Crud Cruiser, BYOB outreach. Recycling Drop-Offs: Six city stations + retailer plastic-film bins.

There is no bag-specific ordinance to enforce. Litter from discarded carryout bags is prosecuted under Tex. Health & Safety Code § 365.012 (general litter) and Fort Worth City Code Chapter 12.5 (Environmental Protection), but no fees or bans apply to bag distribution.

If you are coming from a city with tighter rules, you will find Fort Worth gives residents more flexibility on plastic bag rules.

The Bottom Line

Compared to many U.S. cities, Fort Worth gives residents more room on single-use items. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that Fort Worth can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.