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Customer and delivery traffic at a Keller home occupation must not change residential character. High-volume retail and frequent walk-in clients are not allowed. Parking must stay on site.
Keller permits home occupations as accessory uses in single-family districts. The business must be incidental, cannot alter the exterior, and limits customer traffic. Non-resident employees are generally banned.
Keller permits registered home daycares as home occupations subject to Texas HHSC licensing. Operators must hold a state permit and meet UDC home-occupation standards.
Keller follows TX H&S Code 822 subchapter E and TX Parks and Wildlife Code 63. Big cats, bears, non-human primates, and many venomous reptiles are effectively barred as pets.
Keller bans no dog breed. TX Health and Safety Code 822 (Lillian's Law) uses a behavior-based dangerous dog standard. HOAs may privately restrict breeds.
Keller allows residential beekeeping with placement standards, consistent with TX Agriculture Code 131. Hobby beekeepers need no TAIS registration. Flyway barriers recommended near property lines.
Keller cites wildlife feeding that creates a public nuisance or attracts rabies-vector species. Deer, coyote, and raccoon feeding most commonly drives complaints. Bird feeders are allowed when maintained.
Keller allows backyard hens with coop setbacks and secure enclosures. Larger livestock requires agricultural zoning. TX HB 1750 (2023) protects chickens as agricultural operations.
Keller prohibits cattle, horses, goats, sheep, and swine on standard residential lots. Agricultural zoning and legal non-conforming tracts allow livestock with stocking and setback limits.
Keller requires dogs to be leashed off the owner's property under Chapter 14. Running at large is a Class C offense. Off-leash is allowed only in designated dog park areas.
Keller allows wood, masonry, vinyl, wrought iron, and chain link for residential fences. Barbed wire, razor wire, and electrified fences are banned in residential zones. HOA covenants often narrow the choices further.
Keller requires no permit for standard wood or metal fences at or below 8 feet. Masonry fences, walls over 4 feet, and pool barriers require Keller Building Inspections permits.
Retaining walls over 4 feet measured from grade to top require a Keller building permit and Texas-registered engineered plans. Walls must not block drainage or encroach on utility easements.
Keller limits front-yard fences to 4 feet and side or rear fences to 8 feet under Chapter 6 and the UDC. Masonry fences and walls over 4 feet need engineered plans.
Keller enforces Texas Health and Safety Code Chapter 757 pool barrier rules. Barriers must be 48 inches tall with self-closing, self-latching gates and openings that will not pass a 4-inch sphere.
Keller has no municipal cost-sharing rule for shared fences and Texas has no statewide shared-fence statute. Disputes over cost and maintenance are handled civilly or through HOA covenants.
Keller fences must meet setback, sight-triangle, easement, and zoning rules. Barbed wire and electric fences are banned in residential zones. Fences cannot block drainage or utility access.
Keller does not set a specific STR occupancy cap, but the International Property Maintenance Code adopted by reference sets minimum square footage per occupant. Many Keller HOAs cap occupancy at 2 per bedroom plus 2.
Keller requires off-street parking for all residential dwellings under the UDC, and STR guests may not park on unpaved yard surfaces. Most Keller HOAs restrict on-street overnight parking.
Keller has no dedicated STR registration program. Operators must register for the Texas state hotel occupancy tax with the Comptroller and for the 7 percent Keller local hotel occupancy tax with the Finance Department.
Keller does not mandate STR liability insurance, but standard homeowner policies exclude commercial rental activity. Airbnb and VRBO platform coverage is secondary and most Keller HOAs require a liability rider.
STRs in Keller are subject to the 2015 noise ordinance with quiet hours 10 PM to 7 AM weekdays and 10 PM to 10 AM weekends. Guest complaints can trigger warnings and fines to the owner.
Keller treats stays under 30 days as STRs subject to HOT but sets no city minimum-night rule. Most Keller HOAs require 30-day minimum rentals, effectively prohibiting short stays.
Texas charges 6 percent state HOT on stays under 30 days (Tax Code 156) and Keller adds a 7 percent local HOT (Chapter 351). Operators must collect and remit both regardless of platform.
Keller has no dedicated STR registration program, and STRs are not a listed permitted use in residential UDC zones. Most Keller HOA covenants also prohibit rentals under 30 days.
Keller requires a building permit for any pool deeper than 24 inches. Plans must show barrier fencing, electrical bonding, and setbacks meeting Chapter 6 and the ISPSC.
Keller pools must comply with the federal VGB Act, requiring anti-entrapment drain covers and unblockable drains. Electrical bonding, GFCI protection, and CPSC-compliant suction systems are inspected at final.
Keller requires a 4-foot pool barrier under Texas HSC 757 and the ISPSC. Gates must be self-closing and self-latching with latches at least 54 inches above grade and openings under 4 inches.
Above-ground pools deeper than 24 inches in Keller require a building permit, must meet 48-inch barrier rules, and must be set back 5 feet from property lines. HOAs often restrict them.
Keller hot tubs and spas require an electrical permit and must meet NEC Article 680. A locked safety cover meeting ASTM F1346 exempts the spa from the 48-inch barrier requirement.
Keller limits grass, weeds, and rank vegetation to 12 inches on all lots including the parkway strip. Code Enforcement uses a 10-day notice before abatement. Unpaid mowing costs attach as a lien.
Keller uses a tiered drought plan limiting outdoor watering to twice weekly on assigned days, restricting midday hours, and banning runoff. Keller buys water from Fort Worth, so regional triggers flow through.
Artificial turf is permitted in Keller subject to zoning and HOA review. TX Property Code 202.007 protections do not extend to synthetic turf, so HOAs may restrict or prohibit it. Commercial-grade product is required.
Keller has an active tree preservation ordinance regulating removal of protected trees on development sites. Routine removal on built residential lots generally needs no permit. Mitigation may apply.
Keller owners must keep street trees clear of sidewalks at 8 feet and streets at 13 to 14 feet. Right-of-way trimming needs Public Works coordination. Protected trees on development sites need permits.
Native and drought-tolerant landscaping is encouraged in Keller. TX Property Code 202.007 blocks HOAs from banning xeriscape and water-conserving turf outright. HOA design review can still apply.
Rainwater harvesting is permitted and encouraged in Keller. TX Property Code 202.007 prevents HOAs from banning rain barrels outright. Larger cisterns and potable connections require permits and backflow prevention.
Keller prohibits weeds and rank vegetation over 12 inches and requires removal of noxious and invasive species that threaten neighbors. Code Enforcement uses a 10-day notice and abatement lien process.
Texas has no statewide ADU mandate, and Keller zoning does not broadly permit ADUs in single-family districts. Guest quarters without kitchens may be allowed as accessory structures, but rental units need PD zoning.
Keller allows sheds subject to size, height, setback, and design standards. Sheds above 120 square feet typically require a permit. Front yard placement is prohibited, and HOA covenants require matching materials.
Converting a garage to living space in Keller requires permits, zoning review, and usually replacement covered parking. HOA covenants frequently prohibit garage conversions outright. Illegal work must be reversed.
Keller has no tiny-home-specific ordinance. Tiny homes on permanent foundations must meet the full IRC and zoning minimum square footage. Tiny homes on wheels are RVs and cannot be permanent dwellings.
Keller carports are regulated through zoning setbacks, height, and design standards. Metal pole carports in front yards are generally prohibited. HOA covenants commonly restrict carports or ban them outright.
Keller requires residential driveways to be paved with concrete or approved hard-surface material. New curb cuts or driveway approaches in the public right-of-way require a permit from Public Works.
Keller allows on-street parking on most residential streets but prohibits parking within 15 feet of fire hydrants, 30 feet of stop signs, and in front of driveways. No vehicle may park over 48 hours in one location.
Keller allows residential EV charger installation under the National Electrical Code with a permit for Level 2 hardwired units. Texas Property Code 202.019 protects homeowner rights against HOA bans on EV charging.
Keller removes abandoned vehicles under Texas Transportation Code Chapter 683. Vehicles left over 48 hours on public streets or that are wrecked, junked, or inoperable can be tagged, towed, and sold at auction.
Keller has no citywide ban on overnight on-street parking. Vehicles must be registered, operable, and cannot remain in one spot over 48 hours. Most Keller HOAs impose stricter overnight rules on their streets.
Keller prohibits parking recreational vehicles, boats, and trailers in front yards except on approved paved surfaces. Most Keller HOAs ban RV and boat storage in driveways entirely under recorded deed restrictions.
Keller prohibits parking commercial vehicles over one-ton capacity in residential districts except for loading or service. Tractor-trailers, buses, and heavy equipment cannot be stored overnight in residential zones.
Aircraft noise is under FAA federal jurisdiction, not Keller control. Keller lies near DFW International Airport, Alliance Airport, and Meacham International flight paths.
Keller limits construction noise to roughly 7 AM to 8 PM weekdays and Saturdays, with tighter limits on Sundays and holidays. Emergency utility work is exempt under Chapter 54.
Keller combines a plainly audible standard with dB limits at the receiving property line, typically low 60s dBA daytime and mid 50s dBA nighttime in residential zones.
Keller regulates industrial and commercial noise through zoning performance standards plus Chapter 54, with property-line dB limits applied at residential receiving properties.
Amplified music in Keller is regulated by the Chapter 54 noise ordinance and special event permits. Sound must not be plainly audible next door during the 10 PM to 7 AM quiet hours.
Keller treats persistent dog barking as a public nuisance under Chapter 14 of the Code of Ordinances. Complaints are handled through Keller Animal Services and Keller Police.
Keller outdoor music is governed by Chapter 54 plus special event permits. Typical cutoff: 10 PM weeknights, 11 PM weekends at venues like Keller Town Hall and Bear Creek Park.
Keller has no blower-specific ban. Gas and electric blowers are legal but subject to the general Chapter 54 noise ordinance and the 7 AM to 8 PM residential convention.
Keller enforces nighttime quiet hours from 10 PM to 7 AM under Chapter 54 of the Keller Code of Ordinances, backed by TX Penal Code 42.01 disorderly conduct at 85 dB.
Keller requires property owners to keep grass, weeds, and rank vegetation below 12 inches and remove combustible brush near structures. Code Enforcement uses 10-day notices and abatement liens for violations.
All consumer fireworks including sparklers are banned inside Keller city limits year-round under TX Occupations Code Chapter 2154. Violations are Class C misdemeanors with fines up to 2,000 dollars per offense.
Keller is not a designated state or federal wildfire hazard zone and has not adopted the International WUI Code. Elevated risk concentrates around creek corridors and undeveloped Cross Timbers edges.
Backyard recreational fires are allowed in Keller when contained, attended, and clear of combustibles. Open burning of yard waste is prohibited. Wood fires are suspended during Tarrant County burn bans.
Keller follows TX Health and Safety Code Chapter 766 requiring smoke alarms in every bedroom, outside each sleeping area, and on every story. Landlords must install and maintain alarms in rental units.
Keller allows recreational fire pits in approved containers with clearance from structures. Wood pits are subject to Tarrant County burn bans. Gas and propane units remain usable. Pits must be attended.
Open burning of yard waste, trash, and debris is prohibited inside Keller. Small recreational and cooking fires in approved containers are allowed when no burn ban is active. TCEQ 30 TAC 111.209 applies.
Owners of vacant lots in Keller must keep them free of excessive weeds, trash, and debris. Grass cannot exceed the posted maximum height, and failure to maintain can trigger city-contracted mowing billed to the owner.
Keller property maintenance code requires carts to be stored out of street view when not set out for collection. Carts may go in a garage, behind a fence, or in a screened side or rear yard.
Keller allows residents to hold occasional garage sales subject to city limits on frequency, duration, and signage. Sales must stay incidental to residential use and cannot block streets or sidewalks.
Keller has no sidewalk snow or ice clearing ordinance, fitting the North Texas climate. Owners are encouraged to clear walkways voluntarily, and Texas premises liability law guides slip-and-fall cases.
Keller code enforcement addresses blight like overgrown vegetation, junk, inoperable vehicles, and dilapidated structures. Cases escalate from warning notices to citations and city abatement.
Keller does not operate a mandatory rental registration program for long-term residential rentals. Landlords must still follow Texas Property Code Chapter 92 habitability rules and city property maintenance codes.
Keller does not and cannot impose rent control. Texas Local Government Code 214.902 preempts municipal rent regulation except during a housing emergency declared by the governor under specific criteria.
Keller does not impose just-cause eviction requirements on landlords. Texas Property Code Chapters 92 and 24 govern residential evictions and allow lease nonrenewal after proper notice.
Political signs on Keller private property are protected under Texas Property Code 202.009 from most HOA bans and under Reed v. Gilbert from content-based city rules. Size, placement, and duration limits still apply.
Keller allows residential holiday decorations and light displays with minimal restrictions, focusing on glare, blocked sight lines, and temporary-sign limits. HOAs often add stricter timing and style rules.
Keller sign code allows temporary garage sale signs on the host property within size and duration limits. Off-site signs on public right of way, utility poles, or medians are prohibited and may be removed without notice.
Keller is in the National Flood Insurance Program and enforces FEMA Special Flood Hazard Areas. Zone AE construction requires a Floodplain Development Permit and elevation above base flood elevation.
Keller requires silt fence, inlet protection, and stabilized construction entrances on all disturbed sites. Texas TPDES Construction General Permit rules apply to projects disturbing one or more acres.
Keller operates a regulated MS4 stormwater program under the TPDES permit issued by TCEQ. Illicit discharges to storm drains, including grass clippings, paint, and chemicals, are prohibited.
Keller Engineering Design Standards require positive drainage from structures and no diversion of runoff onto neighboring lots. Grading permits are required for significant earthwork and cuts or fills over 2 feet.
Tarrant County is inland — no coastal jurisdiction or Texas General Land Office Open Beaches Act rules apply. Waterfront development along the Trinity River, Eagle Mountain Lake, Lake Worth, and Lake Arlington is regulated through Tarrant County's NFIP floodplain permit program and the controlling lake authority (Tarrant Regional Water District or USACE).
Keller requires permitted solicitors to respect posted no-solicitation signs at residences. Ignoring a clearly posted sign can trigger permit revocation, city citation, and criminal trespass under Texas Penal Code 30.05.
Door-to-door solicitors in Keller must get a city permit, pass a background check, and follow hours and ID rules. Religious, political, and charitable canvassing are generally First Amendment exempt.
Keller Zoning Ordinance limits single-family structures to 35 to 40 feet in most residential districts. Accessory buildings and fences have separate height caps, typically 15 feet and 8 feet respectively.
Keller Zoning Ordinance caps building lot coverage, generally 40 to 50 percent in single-family districts. Total impervious coverage is limited to protect drainage and recharge, especially in large-lot SF-36 areas.
Keller zoning requires minimum front, side, and rear setbacks that vary by district. Typical single-family setbacks are 25 to 30 feet front, 10 feet side, and 20 to 25 feet rear under the Zoning Ordinance.
Commercial drones in Keller require FAA Part 107 Remote Pilot certification, drone registration, and airspace compliance. Texas Government Code Chapter 423 adds state imaging rules, and city event permits may apply.
Recreational drones in Keller follow FAA recreational rules with 400-foot altitude, visual line of sight, and registration for drones over 0.55 pounds. Texas Government Code Chapter 423 restricts property imaging.
Texas Property Code 202.010 limits Keller HOA authority to prohibit solar energy devices. HOAs cannot ban roof-mounted solar on the owner's home but may impose reasonable appearance and placement rules.
Keller requires a combined building and electrical permit for rooftop solar PV installations. Plans must meet the adopted IRC, IBC, and NEC Article 690 with structural review for roof loading.
Keller Zoning Ordinance allows mobile food vending in commercial and mixed-use districts with owner consent. Residential vending is restricted to temporary events and approved food truck nights.
Food trucks in Keller need a Tarrant County Public Health mobile food unit permit plus a city business registration. Operators must comply with Texas Health and Safety Code Chapter 437 standards.
Keller parks close overnight, typically from 10 p.m. to 6 a.m., with violations handled as trespass or ordinance violations. Special events may be permitted later with city approval.
Keller enforces a juvenile curfew under Texas Local Government Code 370.002, barring minors under 17 from public places during nighttime and school hours. Standard exceptions apply for parents and work.
Keller prohibits exterior lighting that causes glare or excessive illumination crossing onto adjoining properties. Commercial property lines are typically capped at 0.5 foot-candles under the Lighting Standards.
Keller Zoning Ordinance requires exterior lighting to be shielded and directed downward to prevent glare. Commercial lighting must limit illumination at residential property lines under the Lighting Standards.
Keller provides single-stream curbside recycling through its franchise hauler. Participation is voluntary but encouraged, and specific rules govern accepted materials, contamination, and cart setout.
Keller requires trash and recycling carts to be set at the curb on collection day and stored out of public view otherwise, typically in a garage, side yard, or behind a fence. Violations are handled by code enforcement.
Keller provides weekly residential trash and recycling collection through a contracted hauler. Residents must use city-provided carts, set them at the curb by the required time, and follow accepted-material rules.
Keller offers scheduled bulk trash pickup for oversized items like furniture and mattresses. Residents follow size, weight, and placement rules, and use separate drop-off options for hazardous waste and electronics.
Keller HOA disputes are governed by Texas Property Code 209.007 requiring written notice and hearing before most enforcement actions. Mediation is commonly required by CCRs before litigation.
CCRs in Keller subdivisions are enforceable under Texas Property Code 202.004, which presumes restrictions reasonable. Selective enforcement and waiver are recognized defenses when an HOA ignores similar violations.
Keller HOAs must follow Texas Property Code Chapter 209 for board meetings, open records, and director elections. Members have a right to notice, attendance, and access to books and records.
Keller HOAs may levy regular and special assessments under CCRs and Texas Property Code 209. Past-due assessments become statutory liens on the property with foreclosure rights limited by Chapter 209 subchapter D.
Most Keller HOAs use Architectural Control Committees (ACCs) to approve exterior changes. Texas Property Code 202.007 and 202.010 limit HOA authority over solar panels, composting, and xeriscape.
Pre-1978 homes in Keller are subject to federal Lead Renovation Repair and Painting rules and Title X disclosure. Contractors disturbing lead paint must be EPA RRP-certified and provide the EPA pamphlet to owners.
Keller enforces the International Building Code scaffold provisions through its Building Inspections Division. Contractors must meet OSHA 29 CFR 1926 Subpart L fall protection standards on all commercial job sites.
Pest control operators in Keller must be licensed by the Texas Department of Agriculture under Occupations Code Chapter 1951. Property owners must keep premises free of infestation under code.
Elevators in Keller are regulated by the Texas Department of Licensing and Regulation under the Texas Elevator Law. Annual inspections by a TDLR-certified inspector and a current certificate of compliance are required.
Home marijuana cultivation is illegal statewide under Texas Health and Safety Code 481, with no personal or medical exception. Only three licensed Compassionate Use operators may cultivate low-THC cannabis.
Retail marijuana dispensaries are prohibited statewide under Texas Health and Safety Code 481, so none operate in Keller. Only three licensed Compassionate Use organizations dispense low-THC products.
Unincorporated Tarrant County has no bar or nightclub noise ordinance. TABC license conditions and state disorderly conduct law are the only sound-related controls in rural areas.
Tarrant County has no generator noise ordinance. Standby and portable generators may run without time limits. TX Penal Code 42.01 is the only backstop for extreme persistent noise.
Tarrant County does not regulate HVAC condenser or chiller noise in unincorporated areas. The International Mechanical Code governs installation but noise output is not addressed.
Most unincorporated Tarrant County roads have no public sidewalks. Where sidewalks exist, repair responsibility typically falls to the adjacent property owner or the HOA under Texas common law.
Texas Transportation Code Section 552.006 prohibits obstructing sidewalks in unincorporated Tarrant County. Common violations include trash bins, vehicles, basketball goals, and overgrown vegetation.
Tarrant County code enforcement is handled by individual municipalities. In unincorporated areas, complaints go to Tarrant County Development Services. Fort Worth residents use the MyFW app or call 817-392-1234. Arlington uses the Arlington Cares app or 817-459-5474.
Code enforcement response times in Tarrant County vary by municipality and violation severity. Fort Worth prioritizes health and safety hazards for same-day response, while routine violations like tall grass are typically investigated within 3-7 business days.
The most common code violations in Tarrant County include tall grass and weeds exceeding 12 inches, junk vehicles, illegal dumping, substandard structures, and zoning violations such as unpermitted home businesses or accessory structures.
Tarrant County and its municipalities do not have specific ordinances banning or restricting bamboo. If bamboo spreads onto neighboring properties, it may be addressed under general nuisance ordinances or through civil action between neighbors.
Tarrant County defers to the Texas Department of Agriculture's noxious weed list for prohibited species. The state list includes giant salvinia, water hyacinth, and certain thistles. Local municipalities do not maintain separate prohibited plant lists.
Texas HB 1686 (effective 2023) prohibits HOAs and municipalities from banning front-yard vegetable gardens. Tarrant County residents can grow edible gardens in their front yards, though cities may still regulate height, maintenance, and setback standards.
Residential security cameras are legal in Tarrant County without a permit. Texas law allows recording video on your property and publicly visible areas. Cameras must not be directed into areas with a reasonable expectation of privacy such as neighbors' bedrooms or bathrooms.
Texas is a one-party consent state for audio recording. Only one party to a conversation must consent. Video recording in public spaces is legal, but recording in private areas where individuals have a reasonable expectation of privacy is a state jail felony.
Privacy fences in Tarrant County are generally allowed up to 8 feet in rear and side yards and 4 feet in front yards. Fort Worth requires permits for solid fences over 6 feet. The finished side must face outward toward neighbors.
In most Tarrant County cities, storage sheds under 120 square feet do not require a building permit. Sheds over 120 square feet require a permit and must comply with setback requirements. All sheds must be in the rear yard.
Fence permits are required in Fort Worth for fences over 6 feet tall. Standard residential fences of 6 feet or less in rear and side yards do not require a permit but must comply with zoning setbacks and materials standards.
Decks over 30 inches above grade require a building permit in most Tarrant County cities. Ground-level patios on grade generally do not require a permit. Attached decks must comply with the building code for structural connections.
Most renovation work in Tarrant County requires a building permit if it involves structural changes, electrical, plumbing, or HVAC work. Cosmetic work like painting, flooring, and cabinetry typically does not require a permit.
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.