Single-Use Items in Austin, TX (2026)
3 verified single-use items rules for Austin, Texas, sourced directly from the municipal code and official government pages.
Verified from official government sources
Plastic Bag Rules
Austin's 2013 single-use carryout bag ban was struck down by the Texas Supreme Court on June 22, 2018 in Laster v. Austin, which held the state Solid Waste Disposal Act preempts municipal bag bans. Austin retailers are now free to provide plastic bags. The City retains educational programs but cannot enforce the ban.
Austin Plastic Bag Ban — Voided by Texas Supreme Court
Few RestrictionsTexas Health and Safety Code Sec. 361.0961 (Restrictions on Authority of Local Government)
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 was...
Polystyrene Foam Rules
Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Austin has no polystyrene ban and cannot lawfully prohibit expanded polystyrene cups, plates, or takeout containers.
Texas Preempts Austin Polystyrene Foam Container Bans
Few RestrictionsTex. Health & Safety Code Sec. 361.0961(a)
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 was...
Plastic Straw Rules
Texas state law preempts local regulation of single-use food service items including plastic straws. Austin has no straw ban or upon-request rule; restaurants distribute plastic straws freely without local penalties or fees.
Texas Permits Plastic Straws; Austin Has No Restrictions
Few RestrictionsTex. Health & Safety Code Sec. 361.0961(a)
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; ... or (3) assess a fee or deposit on the sale or us...
Looking for Travis County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Austin city rules.
Single-Use Items in Travis County →