Pop. 139,869 · Denton County
Denton Code Sec. 17-40 (Ch. 17 Property Maintenance) requires property owners to maintain vegetation and remove brush, dead trees, and combustible debris. Open burning of brush is prohibited within city limits under Ch. 29. The city offers curbside brush collection as an alternative. During county burn bans, all outdoor burning in Denton County is prohibited.
Denton is not in a designated Wildland-Urban Interface zone. TX A&M Forest Service does not classify the city as high-risk. Standard IFC provisions apply.
Denton Ch. 29 (Ord. 22-663, 2021 IFC) prohibits open burning within city limits. IFC 307.4 requires 300-ft setback. Curbside yard waste pickup offered instead.
Denton Sec. 17-20 uses a reasonableness standard rather than fixed decibel limits for most noise sources. The one specific numeric limit is 70 dBA at the event perimeter for outdoor amplified events. Measurements use the A-weighted scale over a minimum two-minute period. No separate residential vs. commercial dBA thresholds are codified.
Denton Code Sec. 6-9 prohibits any animal from creating noise that interferes with neighbors' reasonable enjoyment of their property. Residents within 300 feet may file complaints with Denton Animal Services at (940) 349-7594. Repeat offenders face nuisance declaration requiring permanent removal of the animal from city limits within 30 days.
Denton Sec. 17-20 caps outdoor amplified events at 70 dBA measured at the event perimeter. The Fry Street entertainment district near UNT and the downtown courthouse square host the densest live music scene. Indoor venues must contain sound within the premises. No specific entertainment district noise exemption exists in the code.
Denton Enterprise Airport (DTO) is a city-owned general aviation facility within city limits. Aircraft noise is federally regulated under FAA Part 150 and the Airport Noise and Capacity Act of 1990. The city has no local aircraft noise ordinance because FAA rules preempt municipal regulation of aircraft in flight.
Denton regulates industrial noise through Sec. 17-20 general noise provisions and the Denton Development Code zoning buffers. Industrial and manufacturing zones require screening and buffering when adjacent to residential districts. TCEQ enforces statewide air quality and nuisance standards for industrial facilities.
Denton caps outdoor amplified sound at 70 dBA at the event perimeter under Sec. 17-20. Special event permits from the city are required for outdoor concerts, festivals, and block parties. The downtown square and Quakertown Park host major events like Denton Arts & Jazz Festival and 35 Denton. No entertainment-district noise exemption exists.
Denton has no standalone leaf blower ordinance. Leaf blowers are regulated under the general noise provisions of Sec. 17-20 and the construction-hours framework. As of January 1, 2025, Sec. 17-40(k) prohibits blowing yard waste into public streets. Commercial landscaping crews must follow construction-hour time limits.
Denton Sec. 17-20(c)(3)(f) sets seasonal construction hours: summer weekdays (Jun 1 - Sep 30) 6 AM to 8:30 PM, winter weekdays (Oct 1 - May 31) 7 AM to 8:30 PM, Saturdays 8 AM to 8:30 PM, Sundays 1 PM to 8:30 PM. City Council may grant special permits for emergency or essential public work.
Denton Code Ch. 17, Art. II (Sec. 17-20) prohibits noise of such character, intensity, and duration as to substantially interfere with comfortable enjoyment of private homes. Outdoor amplified events capped at 70 dBA at the event perimeter. Fry Street and downtown square entertainment areas generate the most complaints. Class C misdemeanor, fines up to $500 per offense.
Denton hot tubs fall under TX H&S Code Ch. 757 if they hold 18+ inches of water. A locked ASTM F1346 safety cover may replace barrier fencing. GFCI and a visible disconnect switch are required.
Above-ground pools in Denton follow the same TX H&S Code Ch. 757 rules as in-ground pools. Pools holding 18+ inches of water need a 48-inch barrier or non-climbable walls with lockable ladder access.
Denton enforces TX Health and Safety Code Ch. 757 pool barrier rules. Residential pools need a 48-inch barrier with self-closing, self-latching gates. Barriers must be in place before pool filling.
Denton pools must meet TX H&S Code Ch. 757 and adopted ISPSC standards. Anti-entrapment drain covers, GFCI within 20 feet, and water clarity to see the main drain are required.
Denton requires a building permit for all in-ground and above-ground swimming pool and spa installations. Applications are submitted through the eTRAKiT online portal. The city has adopted the International Swimming Pool and Spa Code. Fence inspection must pass before final permit approval. Electrical work requires a separate electrical permit.
Denton allows ADUs in certain residential zones under its Development Code. Units must be subordinate to the primary dwelling, meet setbacks, and cannot be sold separately. Owner occupancy is typically required.
Denton regulates tiny homes by type. Foundation-built units must meet IRC and zoning minimums. Tiny homes on wheels are classified as RVs and cannot be used as permanent dwellings.
Garage conversions in Denton require a building permit. The converted space must meet egress, ventilation, and ceiling height standards. Replacement off-street parking must be provided on-site.
Denton permits carports in residential zones. They cannot extend into front setbacks or the right-of-way. Attached carports and detached carports over 120 sq ft require a building permit.
Denton allows sheds in residential yards. Sheds under 120 sq ft generally need no permit but must meet setbacks. Larger sheds require a permit and count toward lot coverage limits.
STR operators must collect and remit state Hotel Occupancy Tax (HOT) of 6% plus City of Denton HOT of 7% for a combined 13% tax on all rentals under 30 consecutive days. TX Tax Code Ch. 351 authorizes the city HOT. Annual registration fee is $100. Platforms like Airbnb collect state HOT automatically but operators must remit city HOT directly.
Denton STR registration requires an online application via str.deckard.com, $100 annual fee, property inspection, neighbor notification within 100 feet, and designation of a local emergency contact available within 30 minutes. Certificates must be renewed annually. Advertising without a valid certificate is prohibited.
STR guests in Denton must comply with the same noise provisions as all residents under Sec. 17-20. All STR advertisements must state that no parties are allowed. The designated local contact must respond to noise complaints within 30 minutes. Repeated noise violations at an STR property may lead to certificate revocation.
Denton does not impose a minimum-night requirement for STR bookings. Rentals are defined as 24 hours to 29 consecutive days. One-night stays are permitted under city rules, though individual operators may set their own minimum-night policies. The city regulates density (100-ft separation, 1,000-unit cap) rather than minimum stay length.
Denton STR operators must advertise the maximum number of guests the property can accommodate and may not exceed that number. The International Property Maintenance Code (adopted by Denton) sets minimum square footage per occupant. Advertisements must state no parties or events are allowed. The 2024 DDC amendment reinforced occupancy controls.
Denton STR operators should carry liability insurance covering short-term rental activity. TX Property Code Ch. 92 governs landlord-tenant obligations including habitability and security devices. Standard homeowner insurance often excludes commercial rental activity. Platform host protection programs supplement but do not replace dedicated STR coverage.
Denton STR listings must disclose available parking and guest vehicle limits. Guest vehicles must park on-site or in legal street parking spaces. No parking on lawns or in fire lanes. STR advertisements must accurately represent the number of vehicles the property can accommodate. General Denton parking rules under Ch. 18 apply to all guest vehicles.
Denton requires STR registration at $100/year via the Deckard platform (str.deckard.com). Effective January 1, 2025, the city caps total certificates at 1,000 citywide, limits parcels to 2 certificates each, and requires 100-ft minimum separation between STRs in single-family residential zones. Property inspection required after approval. All advertisements must display the permit number.
No Denton mandate for EV charging in new construction. TX Occ. Code Ch. 2157 bars HOAs from banning owner-installed chargers. DME offers EV rates.
Denton requires driveways of concrete, asphalt, or approved material. Max 24-ft width at property line. Parking on grass or dirt prohibited in residential.
Denton has no citywide overnight street parking ban. The 72-hour limit and residential permit zones near UNT/TWU are the primary restrictions.
Denton Ch. 28 enforces a 72-hour street parking limit citywide. Residential permit zones near UNT and TWU. Downtown metered at 2-hour limits.
Denton Ch. 28 and TX Transportation Code Ch. 683 govern abandoned vehicles. 48-hour notice on public streets before tow. Junked vehicles on property cited.
Denton DDC Sec. 7.12 requires RVs and boats stored behind the front building line on paved surfaces. Occupancy prohibited. 72-hr temp driveway use.
Denton restricts vehicles over 10,000 lbs GVWR in residential zones. One light commercial vehicle allowed behind front building line on paved surface.
Texas HHSC licenses home daycares in two tiers: listed family homes (1-3 unrelated children) require listing only, and registered child-care homes (up to 12 children) require registration with inspection. Denton Development Code treats home daycares as a permitted accessory use in residential zones subject to standard home occupation requirements.
Denton Development Code Subchapter 5 Table 5.2-A governs home occupations by zoning district. Home businesses must be clearly incidental to the residential use, conducted entirely within the dwelling, and must not alter the residential character of the property. No external signage, outdoor storage, or visible evidence of business activity is permitted.
Denton home occupations must not generate customer, client, or delivery traffic in excess of what is normal for a residential neighborhood. Prohibited home businesses include retail sales, medical practices, and any use generating regular walk-in traffic. Typically no more than 2-3 customer visits per day are tolerated.
Denton Development Code prohibits all external signage for home occupations. No on-premises or off-premises signs, window displays, or any visible indication of business activity is permitted for home-based businesses in residential zones.
Denton does not require a specific home occupation permit. Home businesses must comply with DDC Subchapter 5 use regulations for the applicable zoning district. A certificate of occupancy may be required if the use changes. Contact Development Services at (940) 349-8541 to confirm compliance before operating.
Texas Health and Safety Code Chapter 437 Subchapter B (Texas Cottage Food Law) allows home-based food production with annual sales up to $75,000. No city permit, inspection, or food handler certification is required. Products must be sold directly to consumers and labeled with name, address, and the statutory disclaimer.
Denton Code Section 6-8 requires all dogs to be restrained by leash or confined when off the owner's property. Section 6-14, effective May 2024, replaced pet licensing with mandatory microchipping for all dogs over 4 months. Off-leash dogs permitted only in designated dog parks including South Lakes and North Lakes parks.
Denton Code Section 6-6 prohibits keeping dangerous wild animals within city limits. Texas Health and Safety Code Chapter 822 Subchapter E requires registration, liability insurance, and secure enclosures for listed dangerous wild animals statewide. Texas Parks and Wildlife Code Chapter 63 requires permits for protected nongame wildlife.
Denton Code Section 17-40 property maintenance provisions address conditions that attract wildlife. Intentional feeding of coyotes, feral hogs, or deer can trigger nuisance enforcement. TPWD manages wildlife statewide, and feral hogs may be taken year-round without a hunting license on private property.
Denton prohibits livestock including cattle, horses, goats, and sheep in residential zones unless the lot meets minimum acreage for agricultural zoning. Denton Development Code Table 5.2-A governs permitted uses by zoning district. Up to 8 hens allowed per residential parcel under Section 6-26, but roosters are restricted.
Denton does not enforce breed-specific legislation. No breed is banned. TX H&S Code Ch. 822 governs dangerous dog declarations based on behavior.
Denton Ch. 6 allows up to 12 hens on lots of 10,000+ sq ft. Roosters prohibited in residential. Coops must be 50 ft from neighboring dwellings.
Denton Code Chapter 6 Article IV regulates residential beekeeping. Texas Agriculture Code Chapter 131 requires all beekeepers to register apiaries annually with the Texas Apiary Inspection Service. Hives must be in movable-frame equipment for state inspection access. HOAs cannot ban beekeeping on lots of 1/4 acre or larger under TX Property Code 202.007.
Denton requires a building permit for retaining walls over 4 ft exposed height, with PE-stamped design. Drainage provisions required for all walls.
Denton DDC Sec. 7.8 requires fences be structurally sound and maintained. Barbed wire prohibited in residential. Buffer yard screening fences required.
Texas does not require neighbor notice or cost-sharing for boundary fences. Denton has no local neighbor consent requirement. Disputes are civil matters.
Denton DDC Sec. 7.8 limits fences to 4 ft in front yards and 8 ft in side/rear yards. Corner lot sight triangle: 3 ft within 25 ft of corner.
No Denton permit needed for fences 8 ft or less. Over 8 ft requires building permit. Retaining walls over 4 ft need permit and PE design.
Denton enforces TX H&S Code Ch. 757 pool barriers: 48-inch minimum height, self-closing/self-latching gates, 4-inch max picket spacing. Inspection before fill.
Denton allows wood, masonry, iron, chain link, vinyl, and composite fencing. Tarps, pallets, and corrugated metal prohibited as permanent fencing.
Denton Code Section 17-40 requires property owners to keep grass and weeds below 12 inches on improved lots and below 18 inches on unimproved lots. Violations receive a written notice with 10 days to comply. The city may abate and lien the property for mowing costs.
Denton Development Code Section 7.7.4 requires a Tree Removal Permit for all protected trees. An ISA Certified Arborist report with tree inventory and replacement plan is mandatory. Mitigation through replacement planting or donation to the city tree fund is required. Permits are valid for 180 days.
Denton operates its own municipal water utility supplied primarily from Lake Ray Roberts and Lake Lewisville. Year-round twice-per-week landscape watering on designated days with no watering between 10 AM and 6 PM from April through October. Four drought stages impose progressively stricter limits up to a complete outdoor watering ban.
Denton Development Code Section 7.7.4 and Code Section 17-40 require property owners to maintain trees so limbs clear streets by 13.5 feet, sidewalks by 7 feet, and alleys by 12 feet. As of January 2025, Section 17-40(k) prohibits blowing tree debris into the street.
Denton Code Section 17-40 treats weeds the same as tall grass. Weeds exceeding 12 inches on improved lots or 18 inches on vacant lots trigger a violation notice. Noxious weeds and invasive species may be cited regardless of height if they create a public health or safety concern.
Rainwater harvesting is legal and encouraged in Texas under TX Water Code Section 16.0121. Texas Property Code 202.007 prohibits HOAs from banning rainwater collection systems. Denton imposes no permit requirement for residential rainwater collection barrels or cisterns used for landscape irrigation.
Texas Property Code 202.007 prohibits HOAs from banning water-conserving natural landscaping including native plants and xeriscaping. Denton encourages native and drought-tolerant plantings through its water conservation program. No city ordinance restricts native plant use in residential landscaping.
Denton does not prohibit artificial turf in residential landscaping. Texas Property Code 202.007 prevents HOAs from requiring natural grass or banning water-conserving landscaping alternatives. Artificial turf installations do not require a building permit but must comply with drainage and stormwater requirements.
Food trucks and mobile food vendors operating in Denton must obtain a Mobile Food Vendor Permit from the City of Denton Development Services Department. Operators must also hold a valid Denton County Health Department food handlers permit and pass a health inspection. Permits are required for all food trucks operating on private property, at special events, and on designated public locations. Denton has cultivated a food truck culture particularly around the downtown square and UNT campus area.
Denton permits food truck operations in designated commercial and mixed-use zoning districts, with concentrations around the downtown square, Fry Street near UNT, and along major commercial corridors. Food trucks may operate on private property with owner consent in permitted zones. The city does not currently designate formal public vending zones but allows food trucks at metered and permitted locations. Special event food truck areas are managed through the event permitting process.
Denton Solid Waste Services requires specific cart placement for automated collection. Roll carts must be placed at the curb with the handle facing the house, lid closed, and at least three feet of clearance on all sides from vehicles, mailboxes, fire hydrants, and other obstructions. Carts placed incorrectly may not be serviced by the automated collection trucks.
Denton Solid Waste Services provides weekly automated curbside collection of trash, recycling, and organics for residential customers. Each household receives three color-coded roll carts. Collection occurs on assigned weekdays based on neighborhood zone. Holidays may shift pickup by one day. Denton also offers bulky item pickup by appointment and seasonal leaf collection through its Solid Waste Division at (940) 349-8700.
Denton Solid Waste Services offers scheduled bulk item pickup for residential customers by appointment. Up to eight bulk items per pickup are collected at no additional charge for utility customers. Common bulk items include furniture, mattresses, appliances, and large household items. Residents may also haul items to the City of Denton Landfill. Hazardous waste, construction debris, and electronics have separate disposal requirements.
Denton provides single-stream curbside recycling through its blue-lid roll cart program. Accepted materials include paper, cardboard, metal cans, glass bottles, and plastics numbered 1 through 5 and 7. Plastic bags, Styrofoam, and food-contaminated items are not accepted. Denton encourages recycling participation but does not mandate it through fines. Contaminated carts may be tagged and left uncollected.
Commercial drone operations in Denton require an FAA Part 107 Remote Pilot Certificate and compliance with Texas Government Code Chapter 423. Flights near Denton Enterprise Airport (KDTO) require LAANC authorization within the Class D airspace. The DFW metroplex Class B airspace shelf over Denton creates additional altitude restrictions. Commercial operators must also comply with any Denton permitting requirements for filming or business activities conducted from public property.
Recreational drone flights in Denton are governed primarily by federal FAA regulations and Texas Government Code Chapter 423 (privacy protections). Denton city parks prohibit drone operations without permission from the Parks and Recreation Department. The Denton Enterprise Airport (KDTO) creates a controlled airspace zone requiring LAANC authorization or FAA approval for drone flights within its boundaries. Operators must follow FAA recreational drone rules including the TRUST certification requirement.
Denton Code of Ordinances Chapter 22 (Peddlers, Solicitors, and Itinerant Merchants) requires door-to-door solicitors, peddlers, and itinerant merchants to obtain a permit from the City of Denton before operating within city limits. Applicants must submit to a background check and carry their permit visibly while soliciting. Religious, political, and nonprofit solicitors are exempt from the permit requirement but must still comply with no-solicitation signage rules.
Denton Code of Ordinances Chapter 22 enforces posted no-solicitation signs. Solicitors who ignore a clearly posted no-solicitation or no-trespassing sign at a residence are in violation of the ordinance and may face misdemeanor charges. The city also operates a do-not-knock registry concept through its solicitor permit program. Religious, political, and nonprofit visitors must also respect posted no-solicitation signs even though they are exempt from permit requirements.
Denton requires grading and drainage plans for development per its Drainage Design Criteria Manual. Grading permits apply when altering drainage patterns, moving 50+ cubic yards, or changing grades 12+ inches.
Denton Code Ch. 30 regulates FEMA flood zones along Hickory and Pecan Creeks. New construction must elevate one foot above base flood elevation. A floodplain development permit is required.
Denton manages stormwater under a TPDES Phase II MS4 permit and Code Ch. 26. New development must control runoff quantity and quality. Illicit discharges to the storm drain system are prohibited.
Denton requires erosion controls on all construction sites. Sites disturbing one acre or more need a SWPPP filed with TCEQ. Silt fences and inlet protection must be installed before grading.
Denton Development Code and nuisance ordinance address light trespass -- unwanted artificial light spilling from one property onto another. New commercial and multi-family development must demonstrate that outdoor lighting does not exceed 0.5 foot-candles at the property line when adjacent to residential zones. Residential light trespass complaints between single-family neighbors are handled through the general nuisance provisions in Chapter 34.
Denton Development Code (Subchapter 19, Outdoor Lighting) establishes outdoor lighting standards that incorporate dark-sky principles for new development and major renovations. All new non-residential and multi-family lighting must be fully shielded to direct light downward and minimize skyglow. Denton adopted these standards to reduce light pollution affecting the University of North Texas observatory and surrounding residential neighborhoods.
Denton does not require permits for residential holiday displays. Lights, inflatables, and decorations are allowed. Displays must not obstruct sidewalks or create hazards under Code Ch. 17.
Denton treats garage sale signs as temporary signs. On-site signs need no permit. Signs in the right-of-way or on utility poles are prohibited. Sales are limited in frequency per Code Ch. 17.
TX Election Code 259.002 protects political signs on private property in Denton. HOAs cannot ban them within 90 days of an election per TX Property Code 202.009. Right-of-way signs may be removed.
Cannabis home cultivation is illegal in Denton and all of Texas. TX Health and Safety Code Ch. 481 classifies marijuana as Schedule I. Growing plants is charged as manufacture, typically a felony.
Cannabis dispensaries are prohibited in Denton and statewide. Texas has not legalized recreational marijuana. Only DPS-licensed Compassionate Use dispensaries operate, and none are in Denton.
TX Property Code 202.010 bars Denton HOAs from banning solar panels. HOA rules cannot increase cost by more than 10% or cut output by more than 10%. Violations are void under state law.
Denton requires building and electrical permits for solar panels. TX Property Code 202.010 bars HOA bans on solar. Denton Municipal Electric handles grid interconnection approval.
Denton Code of Ordinances Chapters 18 and 28 require owners of vacant lots to maintain their property free of tall weeds, accumulated debris, and safety hazards. Vacant lots must have grass and weeds kept below 12 inches. The city conducts regular sweeps of vacant parcels and will abate violations at the owner's expense if not corrected after notice. Denton has seen significant vacant lot activity due to rapid residential development in areas like Robson Ranch and north Denton.
Denton Code of Ordinances regulates garage sales and yard sales as temporary uses in residential districts. Residents may hold up to four garage sales per calendar year, with each sale lasting no more than three consecutive days. No permit is required, but signage must comply with the citys sign regulations. Sales may not block sidewalks, streets, or driveways, and all merchandise and signs must be removed promptly after the sale ends.
Denton Code of Ordinances Chapter 17 (Solid Waste) and Chapter 28 (Property Maintenance) require residential trash carts to be stored out of public view when not placed for collection. Roll carts must be placed curbside no earlier than 5:00 PM the day before scheduled pickup and retrieved by midnight on collection day. The City of Denton Solid Waste Services Division provides 96-gallon carts for trash, recycling, and organics through its automated collection program.
Denton Code of Ordinances Chapter 28 (Property Maintenance) and Chapter 18 (Health and Sanitation) establish comprehensive standards for property upkeep in residential and commercial areas. Properties with accumulated junk, debris, tall weeds, abandoned vehicles, or deteriorated structures can be declared a public nuisance. The City of Denton actively enforces blight standards through its Code Enforcement Division with authority to abate hazards and assess costs against the property.
Denton does not have a mandatory snow and ice sidewalk clearing ordinance for residential property owners. North Texas receives infrequent winter weather events, and the city focuses its winter response on road treatment rather than requiring private sidewalk clearing. When winter storms do occur, the Denton Public Works Department manages road and bridge treatment. Property owners are encouraged but not required to clear sidewalks adjacent to their property.
Denton does not have rent control or rent stabilization ordinances. Texas Local Government Code Section 214.902 expressly preempts municipalities from adopting any ordinance, resolution, or regulation that would control the amount of rent charged for private residential or commercial property. Landlords in Denton may set and increase rent without any cap or limitation beyond what is stated in the lease agreement.
Denton requires rental property registration for certain rental dwelling units through its rental registration program. Properties with outstanding code violations or those identified as problem properties may be required to register with the Code Enforcement Division. Denton also requires a certificate of occupancy for rental conversions. The program targets problem rental properties, particularly in neighborhoods near UNT and TWU, rather than imposing universal registration on all landlords.
Denton does not have a just cause eviction ordinance. Texas law does not require landlords to provide a specific reason for declining to renew a lease or terminating a month-to-month tenancy. Landlords must follow eviction procedures under Texas Property Code Chapter 24, including providing proper written notice, but are not required to demonstrate just cause for ending a tenancy at lease expiration.
Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.
Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.
HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.
Texas authorizes License to Carry (LTC) holders to carry concealed handguns statewide under Government Code Chapter 411. Since 2021, permitless constitutional carry under HB 1927 also allows most adults 21 and older to carry without a license, with municipalities preempted from added restrictions.
Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.
Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.
Texas Penal Code 46.02(a-1) lets any non-prohibited adult lawfully carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry, provided the firearm is not in plain view and the person is not engaged in criminal activity or gang membership.
Texas Government Code Chapter 673 requires every state agency and any business that contracts with a state agency to register for and use the federal E-Verify system to confirm the work eligibility of new employees. Private-sector E-Verify use is generally voluntary statewide.
Texas Government Code Chapter 752, enacted by Senate Bill 4 in 2017, prohibits any local entity, campus police department, or jail from adopting sanctuary policies. Local officials must honor federal immigration detainer requests and may not bar officers from inquiring about immigration status.
Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.
The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. SB 1421 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.
The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.
Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.
Plastic straw bans by Texas municipalities are preempted under Health and Safety Code Section 361.0961 and reinforced by HB 2127 (2023). Cities cannot prohibit or restrict food service businesses from offering single-use plastic straws to customers.