Pop. 111,822 Β· Denton County
Lewisville zoning ordinance (Ch. 14) permits home occupations in residential zones subject to conditions. The business must be incidental to the residential use, conducted entirely indoors, and not change the residential character of the property. No exterior signage, outdoor storage, or employee traffic beyond the resident.
Lewisville home occupation rules restrict customer and client visits to levels that do not exceed normal residential traffic patterns. Businesses generating regular foot traffic, deliveries by commercial vehicles, or parking congestion are not permitted in residential zones.
Texas Health and Safety Code Ch. 437 (Texas Cottage Food Law) allows home-based production and sale of certain non-potentially-hazardous foods without a food establishment permit. Annual sales capped at $75,000. Lewisville cannot prohibit cottage food operations that comply with state law.
Lewisville does not regulate fence placement between neighbors beyond zoning setback and height requirements. Texas is not a shared-fence-cost state. The finished side of the fence has no mandatory facing direction under city code. Property line disputes are civil matters.
Lewisville requires a building permit for retaining walls exceeding 4 feet in height measured from the bottom of the footing to the top of the wall. Engineered plans are required for taller walls. Retaining walls near Lewisville Lake floodplain areas face additional review.
Lewisville does not require a building permit for standard residential fences under 8 feet in height. Fences over 8 feet, fences with masonry or stone columns, and fences in floodplain areas require a permit. A survey or plat may be required to confirm property lines.
Lewisville permits wood, chain link, wrought iron, vinyl, masonry, and composite fencing in residential areas. Barbed wire, razor wire, and electric fences are prohibited in residential zones. Corrugated metal and scrap material fences are not allowed.
Lewisville regulates fences through Ch. 18 (Zoning) with requirements for height, placement, and maintenance. Fences must not create sight obstructions at intersections or driveways. All fences must be maintained in good repair and not present a safety hazard.
Lewisville requires all residential swimming pools, spas, and hot tubs to be enclosed by a barrier at least 48 inches in height with self-closing, self-latching gates under the adopted International Swimming Pool and Spa Code (ISPSC). Barrier must be installed before the pool is filled.
Lewisville limits residential fences to 4 feet in front yards and 8 feet in side and rear yards under the zoning ordinance Ch. 18. Corner lots have additional sight triangle restrictions. Commercial and industrial fences may be up to 8 feet.
Lewisville quiet hours run 10 p.m. to 7 a.m. under Code Ch. 18, Art. II. Sound plainly audible at a neighboring property during these hours is a noise disturbance with fines up to 500 dollars.
Lewisville regulates industrial noise under Ch. 18 and zoning rules. Facilities must limit noise to levels not plainly audible at adjacent residential property lines.
Lewisville uses a plainly-audible standard rather than fixed decibel limits under Ch. 18. No dBA thresholds are codified; officers may use sound meters as evidence.
Lewisville treats persistent barking as a noise disturbance under Ch. 18. A dog barking continuously for 15 minutes or intermittently for 30 minutes triggers an Animal Services complaint.
Lewisville prohibits amplified music plainly audible at a neighboring property during quiet hours of 10 p.m. to 7 a.m. under Ch. 18. City events require sound permits.
Lewisville does not ban gas-powered leaf blowers but restricts use to daytime hours under Ch. 18. Operation is permitted 7 a.m. to 8 p.m. Monday through Saturday.
Lewisville regulates outdoor music under Ch. 18. Live and recorded music must not be plainly audible at neighboring property during quiet hours of 10 p.m. to 7 a.m.
Lewisville limits construction noise to 7 a.m. to 8 p.m. Monday through Saturday under Ch. 18. Sunday and holiday work requires a special permit from Building Inspections.
Lewisville sits about 10 miles south of DFW International Airport with regular overflight noise. Federal law preempts local regulation of flight paths and altitudes.
Lewisville does not have dedicated EV charging ordinances as of 2024. The city has installed public charging stations at municipal facilities. Home charging installations follow standard residential electrical permit requirements. No EV-specific parking mandates exist for new development.
Lewisville regulates on-street parking through Ch. 16 Traffic and Vehicles. Parking is prohibited in fire lanes, within 15 feet of fire hydrants, and on sidewalks. Most residential streets allow parking on one or both sides with no posted time limits unless otherwise signed.
Lewisville enforces abandoned vehicle removal under TX Transportation Code Ch. 683 and local code. Vehicles on public property that are inoperable, unregistered, or unmoved for 48+ hours may be tagged and towed. Junked vehicles on private property are enforced through property maintenance codes.
Lewisville does not impose a blanket overnight street parking ban. Vehicles may park on most residential streets overnight if legally parked and currently registered. Specific areas near Lewisville Lake parks and commercial zones may have posted overnight restrictions.
Lewisville requires vehicles to be parked on improved surfaces in residential areas. Parking on grass, dirt, or unpaved areas is prohibited under property maintenance and zoning codes. Driveways must comply with width and material standards.
Lewisville restricts parking of commercial vehicles exceeding one ton rated capacity in residential districts. Semi-trucks, trailers, and heavy commercial equipment may not be stored in residential areas. Light commercial vehicles used for daily commuting are generally permitted.
Lewisville Code Ch. 18 restricts RV, boat, and trailer parking in residential areas. Recreational vehicles may not be parked on streets or in front yards for extended periods. Storage must be behind the front building line on improved surfaces.
Lewisville Code Ch. 6 prohibits keeping dangerous wild animals within city limits. Texas Parks and Wildlife Code Ch. 63 regulates possession of non-game wildlife. Venomous snakes, large cats, bears, primates, and similar species require state permits and are generally banned in city limits.
Lewisville zoning ordinance prohibits keeping livestock (horses, cattle, goats, sheep, pigs, chickens) on residentially zoned property unless on agricultural tracts meeting minimum acreage. Chapter 6 regulates animal keeping; Chapter 14 (Zoning) sets land use restrictions.
Lewisville prohibits keeping livestock including horses, cattle, goats, sheep, and pigs in residential zoning districts. Chickens (hens only, no roosters) are permitted in some residential zones with restrictions on coop setbacks and flock size. Livestock is only allowed on agriculturally zoned land.
Lewisville does not specifically ban beekeeping in residential areas but regulates it under nuisance provisions in Ch. 6 and Ch. 9. Texas Agriculture Code Ch. 131 recognizes beekeeping as an agricultural activity and preempts outright municipal bans on managed colonies.
Lewisville prohibits feeding wildlife in city parks and around Lewisville Lake under nuisance provisions. Feeding deer, coyotes, feral hogs, or waterfowl attracts nuisance wildlife and is discouraged citywide. TX Parks and Wildlife Code Ch. 63 governs wildlife management.
Lewisville Code Ch. 6, Art. II requires dogs to be restrained by leash, chain, or other tether when off the owner's premises. Running at large is prohibited citywide. Animal Services enforces with impoundment and escalating fines up to $500 per offense.
Lewisville does not enforce breed-specific legislation (BSL). No dog breeds are banned within city limits. The city regulates dogs based on individual behavior through its dangerous dog ordinance, which aligns with TX Health and Safety Code Ch. 822 Subchapter D.
Garage conversions in Lewisville require a building permit and must maintain the minimum enclosed parking spaces required by the zoning district.
Sheds under 120 square feet in Lewisville generally do not need a building permit but must meet setback rules. Larger structures require permits. Rear yard placement only.
Carports in Lewisville require a building permit and must comply with setback requirements. They are generally allowed in side or rear yards but not front yards.
Tiny homes on permanent foundations in Lewisville must meet minimum dwelling size and building code requirements. Tiny homes on wheels are classified as RVs.
Lewisville allows ADUs in certain residential zones. Units must be subordinate to the primary dwelling, meet setbacks, and cannot be sold separately. Permits required.
Lewisville enforces year-round twice-per-week watering schedules for landscape irrigation. Water is supplied from Lewisville Lake via the Upper Trinity Regional Water District. During drought, the city escalates to Stage 1-4 restrictions with progressively stricter limits and fines up to $2,000.
Lewisville Code Ch. 10 (Health and Sanitation) requires property owners to keep grass and weeds mowed to no more than 12 inches in height. Failure to maintain results in a notice of violation, and the city may mow the property and assess costs as a lien.
Lewisville has a tree preservation ordinance that protects certain mature trees from removal during development. Residential property owners removing protected trees on developed lots may need approval from the city. Replacement or mitigation may be required.
Texas Property Code Sec. 202.007 prohibits HOAs from banning rainwater harvesting systems and drought-resistant landscaping. Lewisville does not restrict residential rainwater collection. The state encourages harvesting through TX Tax Code sales tax exemptions on equipment.
Lewisville requires property owners to trim trees that overhang public sidewalks and streets to maintain clearance. Dead or hazardous limbs must be removed to prevent property damage or injury. The city trims trees in public rights-of-way.
Texas Property Code Sec. 202.007 protects homeowners rights to install drought-resistant and native plant landscaping. HOAs cannot prohibit xeriscaping or native plants. Lewisville encourages water-wise landscaping given its Lewisville Lake water supply and drought-prone climate.
Lewisville Code Ch. 10 treats weeds the same as overgrown grass: vegetation exceeding 12 inches is a violation. Noxious weeds, brush, and rubbish that harbor vermin or create fire hazards must be removed regardless of height. City abates and liens property for costs.
Lewisville does not prohibit artificial turf on residential property. Texas Property Code Sec. 202.007 protects drought-resistant landscaping including synthetic turf from HOA bans. Artificial turf eliminates irrigation demand, supporting the city water conservation goals.
Lewisville STRs follow IRC occupancy standards: generally two persons per bedroom plus two additional. Total occupancy must not exceed life-safety capacity.
Lewisville STR operators must collect 7 percent city hotel occupancy tax plus the 6 percent state tax for a combined 13 percent rate on nightly rental prices.
Lewisville STR guests must comply with the noise ordinance in Ch. 18. Operators face fines or registration revocation for repeated guest noise violations.
Lewisville requires all STR operators to register before listing. Registration involves an application, property inspection, proof of ownership, and fees.
Lewisville does not impose an annual night cap on short-term rentals. There is no ordinance limiting total rental nights per year for registered properties.
Lewisville does not mandate STR insurance, but standard homeowner policies exclude rental activity. Operators should carry host liability or commercial coverage.
Lewisville STR operators must provide off-street parking for guests. Guest vehicles may not block sidewalks, driveways, or fire lanes under the traffic code.
Lewisville requires STR operators to register with the city and obtain a certificate of occupancy. Properties must pass a life-safety inspection to legally operate.
Lewisville pools must meet drain entrapment prevention standards and TX H&S Code Chapter 757 requirements. GFCI protection is required within 20 feet of the pool.
Lewisville requires a building permit for swimming pool construction and installation. All residential pools must comply with barrier (fencing) requirements under the city building code and the International Residential Code. Electrical work requires a separate electrical permit and inspection.
Above-ground pools holding water 18 inches or deeper need a building permit and 48-inch barriers in Lewisville. Pool walls 48 inches or taller may serve as the barrier.
Lewisville requires pool barriers at least 48 inches high with self-closing, self-latching gates per TX Health and Safety Code Chapter 757. A building permit is required.
Hot tubs in Lewisville require an electrical permit and GFCI protection. Spas without a locking safety cover meeting ASTM F1346 must have a 48-inch barrier enclosure.
Lewisville requires property owners to clear combustible brush and keep grass under 12 inches. The city can mow noncompliant lots and lien the cost.
Lewisville requires working smoke detectors in all dwelling units per the adopted International Residential Code and TX Property Code Ch. 92. Landlords must install and maintain detectors. Battery-operated or hardwired units are accepted in existing homes.
Lewisville is not located in a designated wildland-urban interface zone. The city sits in the North Texas prairieland near Lewisville Lake, and the Texas A&M Forest Service does not classify Lewisville as high wildfire risk. Standard fire prevention codes apply citywide.
Lewisville permits backyard fires in manufactured fire pits, chimineas, and outdoor fireplaces under the adopted International Fire Code. Fires must be 25 feet from structures, attended at all times, and extinguished during Denton County burn bans.
Lewisville bans consumer fireworks within city limits year-round, stricter than TX Occ. Code Ch. 2154. Sparklers and novelty items remain legal.
Lewisville allows gas or contained wood-burning fire pits at least 15 feet from structures. Open burning is prohibited within city limits under TCEQ rules.
Lewisville prohibits open burning within city limits under Ord. 3057 and the International Fire Code as adopted. Recreational fires in approved containers are permitted with restrictions. The Lewisville Fire Department enforces burn bans issued by Denton County during drought conditions.
Lewisville provides curbside single-stream recycling collection every other week for all residential customers through Community Waste Disposal as part of standard solid waste service. Each address receives a 96-gallon recycling cart. Recycling participation is voluntary and not mandated by city ordinance or Texas state law. Accepted materials include paper, cardboard, plastic containers numbered 1 through 7, aluminum and steel cans, and glass bottles. The city encourages recycling through Environmental Services education programs and seasonal collection events but does not impose fines for failure to recycle. Contaminated loads containing plastic bags, Styrofoam, or food waste may be tagged and left uncollected.
Lewisville provides weekly curbside trash and recycling collection for residential properties through its contracted hauler, Community Waste Disposal, under Code of Ordinances Chapter 58 (Solid Waste). Trash is collected once per week and single-stream recycling is collected every other week on the same day, with collection days assigned by neighborhood zone. Each residential address receives one 96-gallon trash cart and one 96-gallon recycling cart as part of standard service. Carts must be placed at the curb by 7 AM on collection day with the lid facing the street and at least three feet of clearance from obstructions. Holiday schedules typically shift pickup by one day for the remainder of the affected week.
Lewisville Code of Ordinances Chapter 58 and Community Waste Disposal service guidelines establish specific placement requirements for residential trash and recycling carts. Carts must be positioned at the curb with the lid facing the street so the automated collection arm can grip and empty them, with a minimum clearance of three feet from mailboxes, parked vehicles, utility poles, fire hydrants, and other carts. Carts must be set out by 7 AM on collection day and may not be placed earlier than 6 PM the evening before. All bins must be removed from the curb and returned to storage behind the front building line by midnight on collection day, though HOA communities may enforce earlier retrieval deadlines.
Lewisville provides monthly bulk waste pickup for residential customers at no additional charge through Community Waste Disposal. Residents may place up to eight cubic yards of bulk items at the curb on their scheduled bulk collection week, including furniture, mattresses, appliances with doors removed, carpet, and lumber. Prohibited items include construction debris exceeding two cubic yards, hazardous waste, tires, and electronics. The city also operates the Citizens Collection Station at 1100 S. Kealy Avenue for self-haul disposal, and hosts seasonal cleanup events offering additional options for electronics and household hazardous waste disposal.
Recreational drone use in Lewisville is governed primarily by FAA regulations and Texas Government Code Chapter 423 (privacy protections). Lewisville falls within the Dallas/Fort Worth International Airport Class B airspace, requiring all recreational drone operators to obtain LAANC authorization through an FAA-approved app before every flight. Operators must also pass the TRUST recreational safety test, fly below 400 feet AGL, and maintain visual line of sight at all times. Texas Government Code Chapter 423 prohibits using drones to capture images of individuals or privately owned property with the intent to conduct surveillance without consent. Section 423.009 limits municipal authority to regulate drones beyond state or federal law.
Commercial drone operations in Lewisville require an FAA Part 107 Remote Pilot Certificate and LAANC authorization for every flight within the DFW Class B airspace. All Part 107 operating rules apply including flying below 400 feet AGL, maintaining visual line of sight, and operating during daylight or civil twilight with anti-collision lighting. Texas Government Code Chapter 423 privacy restrictions apply equally to commercial operators, prohibiting surveillance of private property without consent, though exceptions exist for licensed real estate brokers, utility inspections, and academic research. Lewisville does not require a local business permit specifically for drone operations beyond standard business registration.
Lewisville requires grading permits for activities that change drainage patterns. Post-development runoff cannot exceed pre-development rates.
Lewisville has extensive FEMA floodplains from Lewisville Lake Dam, Timber Creek, and Fox Branch. Floodplain development permits and elevated construction are required.
Lewisville requires erosion and sediment controls on all construction sites. Silt fencing and inlet protection must be installed before grading begins.
Lewisville regulates stormwater through its TCEQ MS4 permit. Sites disturbing one acre or more need a TPDES permit and pollution prevention plan.
Lewisville permits food truck operations on private property zoned for commercial, retail, or mixed-use purposes with written property owner consent under Unified Development Code Chapter 114. The Old Town Lewisville area along Main Street has become a popular destination for food truck gatherings, particularly during city-sponsored events. Food trucks may not operate on public rights-of-way including streets, sidewalks, and medians without specific event authorization. Regular commercial food truck operations on residentially zoned property are prohibited, though temporary food service at neighborhood events may be permitted through the special events permit process. Multiple food trucks at a single location may require a special event permit depending on vendor count and expected attendance.
Lewisville requires mobile food vendors to obtain a mobile food vendor permit from the city under Code of Ordinances Chapter 22 (Businesses) and a health permit from the Denton County Health Department. Permit applications require proof of liability insurance, a current Texas sales tax permit, vehicle registration, and a valid county health permit. Food trucks must comply with Chapter 114 (Unified Development Code) zoning provisions and may operate on commercially zoned private property with written property owner consent. Operations on residentially zoned property are limited to special events with temporary use permits. All vendors must also comply with the Texas Food Establishment Rules (25 TAC Chapter 228) for food safety and equipment standards.
Lewisville requires owners of vacant lots to maintain the property free of weeds, brush, rubbish, and debris under Code of Ordinances Chapter 98 (Vegetation) and Chapter 42 (Nuisances). Grass and weeds must be kept below 12 inches in height. The city conducts regular inspections of vacant parcels and notifies owners through Denton County Appraisal District records. If the owner fails to act within 10 days, the city may mow or abate conditions on neglected vacant lots and assess the cost plus a service charge as a lien against the property under Texas Local Government Code Section 214.002.
Lewisville requires residential trash and recycling containers to be stored out of public view except on collection days under Code of Ordinances Chapter 58 (Solid Waste). Bins may be placed at the curb no earlier than 6 PM the evening before pickup and must be retrieved by midnight on collection day. The city contracts solid waste service through Community Waste Disposal and provides standardized 96-gallon carts to all residential accounts. HOA subdivisions including Castle Hills and Valley Vista may impose additional container screening standards through deed restrictions and architectural review guidelines.
Lewisville regulates garage sales under Code of Ordinances Chapter 22 (Businesses), allowing residents to hold up to four garage sales per calendar year with each sale lasting no more than three consecutive days. No permit is required, but sales must be conducted on the residents own property and may not extend into the public right-of-way, street, or sidewalk. Signs advertising garage sales must comply with Chapter 90 (Signs) and may not be placed on utility poles, traffic signs, or median strips. HOA communities including Castle Hills and Valley Vista may impose additional restrictions on garage sale frequency and signage through deed restrictions.
Lewisville enforces property maintenance standards under Code of Ordinances Chapter 42 (Nuisances) and Chapter 14 (Buildings and Building Regulations). Properties must be kept free of accumulated debris, junk vehicles, tall weeds exceeding 12 inches, and deteriorated structures. The city operates a proactive code enforcement program with officers conducting regular neighborhood patrols and accepts complaints online through the See Click Fix reporting system. Texas Local Government Code Section 214.001 authorizes the city to require owners to repair or demolish substandard buildings and to perform abatement work and lien the property for costs incurred.
Lewisville does not have a mandatory snow or ice removal ordinance for residential sidewalks. North Texas receives infrequent winter weather events, typically one to three per year, and the city focuses its ice response on priority roads, bridges, overpasses, and public infrastructure through its Emergency Operations Plan. Property owners are encouraged but not required to clear sidewalks adjacent to their property after winter storms. Commercial property owners should be aware that general premises liability under Texas tort law creates an incentive to address hazardous ice accumulation on walkways open to customers and visitors.
Lewisville does not heavily regulate residential holiday displays. No permit is needed. Decorations must not obstruct sidewalks or create traffic hazards.
Lewisville allows garage sale signs on private property only. Signs in public rights-of-way are prohibited and must be removed within 24 hours after the sale.
Texas law protects political signs on private property. Lewisville cannot ban them, and HOAs are limited by TX Property Code 202.009 during the election period.
Texas does not permit recreational cannabis dispensaries. Lewisville has no local cannabis retail zoning. Only state-licensed Compassionate Use organizations may operate.
Home cultivation of cannabis is a felony in Lewisville and all of Texas under Health and Safety Code Chapter 481. No personal use or medical growing exemption exists.
Solar panel installation in Lewisville requires building and electrical permits. TX Property Code 202.010 protects homeowners from HOA bans on solar devices.
TX Property Code 202.010 prohibits HOAs from banning solar panels in Lewisville. Restrictions cannot increase cost by more than 10% or decrease efficiency by more than 10%.
Lewisville does not have a standalone dark sky ordinance, but outdoor lighting is regulated through zoning standards in the Unified Development Code Chapter 114. Commercial and multifamily developments must use full-cutoff fixtures that direct light downward and minimize upward emission, with light levels at property lines adjacent to residential zones limited to 0.5 foot-candles. Residential exterior lighting is largely unregulated beyond general nuisance provisions in Chapter 42. The city does not mandate International Dark Sky Association-compliant fixtures or enforce specific color temperature limits. HOA communities such as Castle Hills and Valley Vista may regulate exterior lighting through their architectural review standards.
Lewisville limits light spillover from commercial and multifamily developments onto adjacent residential properties to 0.5 foot-candles at the property line under Unified Development Code Chapter 114. All commercial exterior fixtures must be full-cutoff design directing light downward rather than outward or upward, verified during site plan review and inspected prior to certificate of occupancy. Residential-to-residential light trespass is addressed through general nuisance provisions in Chapter 42 rather than specific illumination limits, with Code Enforcement evaluating complaints on a case-by-case basis. HOA architectural review committees in Castle Hills and Valley Vista may enforce additional exterior lighting standards.
Lewisville does not have rent control, and Texas Government Code Section 214.902 expressly preempts all municipalities from adopting rent control ordinances unless voters approve the measure following a gubernatorial declaration of housing emergency. No governor has ever issued such a declaration, and no Texas city has ever enacted rent control. Landlords in Lewisville may set and raise rents by any amount with proper notice as specified in the lease agreement. For month-to-month tenancies, at least one rental period of advance notice is required before a rent increase takes effect under Texas Property Code Chapter 92.
Lewisville does not require landlords to register rental properties with the city and does not operate a rental registration or rental licensing program. There is no rental inspection requirement for single-family or multi-family residential rental properties beyond standard fire inspections for apartment complexes. Landlords must comply with general building and property maintenance codes under Chapters 14 (Buildings) and 42 (Nuisances) of the Code of Ordinances, and with Texas Property Code Chapter 92 obligations including providing smoke detectors and maintaining security devices. Code Enforcement responds to complaints about substandard rental conditions on a reactive basis rather than through proactive inspections.
Lewisville does not require just cause for eviction, and neither Texas state law nor any local ordinance provides just cause eviction protections. Landlords may decline to renew a fixed-term lease at expiration for any reason without providing justification. For month-to-month tenancies, either party may terminate with at least one month of written notice under Texas Property Code Section 91.001. During an active lease term, eviction requires cause such as non-payment of rent, material lease violations, or criminal activity. Self-help eviction methods such as changing locks or shutting off utilities are illegal under Texas Property Code Section 92.0081, exposing landlords to damages and attorney fee liability.
Lewisville enforces no-soliciting sign protections under Code of Ordinances Chapter 22, making it a violation for commercial solicitors to enter a property displaying a clearly visible no-soliciting or no-trespassing sign. Solicitors who ignore posted signs or refuse to leave after being asked to depart also commit criminal trespass under Texas Penal Code Section 30.05. The city does not maintain a municipal do-not-knock registry, so residents who wish to avoid solicitation should post a visible no-soliciting sign at their front door. HOA communities including Castle Hills and Valley Vista may maintain community-wide no-soliciting policies and post signs at neighborhood entrances, with enforcement handled by community management.
Lewisville requires commercial door-to-door solicitors and peddlers to register with the city and obtain a solicitor permit under Code of Ordinances Chapter 22 (Businesses). The permit application requires identification, a criminal background check, and a description of goods or services offered. Approved solicitors receive an identification badge that must be visibly displayed while canvassing, with solicitation hours limited to 9 AM to 9 PM or sunset, whichever is earlier. Religious organizations, political campaigns, and nonprofit charitable organizations are exempt from the commercial permit requirement under First Amendment protections. Solicitors who ignore posted no-soliciting signs or refuse to leave after being asked may face criminal trespass charges under Texas Penal Code Section 30.05.
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.