Single-Use Items in Houston, TX (2026)
3 verified single-use items rules for Houston, Texas, sourced directly from the municipal code and official government pages.
Verified from official government sources
Plastic Bag Rules
Houston cannot enforce a plastic bag ban or fee. Tex. Health & Safety Code § 361.0961 preempts local ordinances that prohibit or restrict the sale or use of any 'container or package' for solid-waste-management purposes. The Texas Supreme Court confirmed this in City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018), striking down Laredo's checkout-bag ban. Statewide rules govern; voluntary in-store programs continue.
Houston Plastic Bag Ban: Preempted by Texas State Law
Few RestrictionsTex. Health & Safety Code § 361.0961 (Restrictions on Authority of Local Government or Other Political Subdivision)
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 ...
Polystyrene Foam Rules
Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Houston has no polystyrene ban and cannot lawfully prohibit expanded polystyrene cups, plates, or takeout containers.
Texas Preempts Houston Polystyrene Foam Container Bans
Few RestrictionsTexas Health & Safety Code Sec. 361.0961(a) (Restrictions on Local Government - Container/Package Bans Preempted)
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 soli...
Plastic Straw Rules
Texas state law preempts local regulation of single-use food service items including plastic straws. Houston has no straw ban or upon-request rule; restaurants distribute plastic straws freely without local penalties or fees.
Texas Permits Plastic Straws; Houston Has No Restrictions
Few RestrictionsLooking for Harris County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Houston city rules.
Single-Use Items in Harris County →