Pop. 142,210 · Hidalgo County
McAllen enforces quiet hours 10 PM to 6 AM. The 17th Street entertainment district and La Plaza Mall area generate nightlife noise. McAllen-Miller International Airport flight paths affect noise levels in northern neighborhoods.
Mcallen regulates amplified music under the general noise ordinance. Sound amplification permits available for events. TX Penal Code §42.01 applies.
Mcallen considers excessive barking a nuisance. Animal control handles complaints. TX does not have breed-based noise rules - Lillian’s Law is behavior-based.
Mcallen has no leaf blower-specific restrictions. General noise ordinance limits apply. DFW area is EPA ozone nonattainment but no equipment bans.
Mcallen allows construction during designated hours. Most Texas cities permit 7 AM to 8 PM weekdays. Emergency utility work exempt.
Hidalgo County sets no local decibel limits for unincorporated areas because Texas counties cannot adopt a noise-level ordinance. The only numeric standard is the state disorderly-conduct presumption: noise above 85 decibels is unreasonable, but only after a peace officer or magistrate gives notice.
Hidalgo County has no industrial-noise ordinance for unincorporated areas. Factories, warehouses, agriculture and packing operations outside city limits are limited only by the state disorderly-conduct statute and, where applicable, TCEQ permit conditions - not by a county sound limit.
Hidalgo County has no local vehicle-noise ordinance, but statewide Texas Transportation Code Sec. 547.604 requires every motor vehicle to have a working muffler and bans muffler cutouts. The Sheriff and DPS enforce this on county roads; loud stereos can also draw a disorderly-conduct charge.
Hidalgo County has no outdoor-music or live-entertainment noise ordinance for unincorporated areas. Backyard bands, DJs and festival sound outside city limits are limited only by the state disorderly-conduct statute, and there is no county event-noise permit to obtain.
Aircraft noise around McAllen International Airport and other Hidalgo County airfields is regulated by the FAA, not the county. Federal law preempts local aircraft-noise rules, so neither the county nor a city can set flight curfews or overflight decibel limits.
Mcallen STRs must comply with general noise ordinance. Many cities impose stricter quiet hours for rentals. Complaints can trigger permit review.
McAllen STR operators owe 15% total Hotel Occupancy Tax including 6% state and 9% city. Tourism revenue from Winter Texans and cross-border visitors funds McAllen Convention Center and city tourism marketing.
McAllen requires STR registration. The city attracts Winter Texan seasonal visitors from northern states and Canada who rent for months at a time. Cross-border shoppers from Reynosa also drive short-stay demand near La Plaza Mall corridor.
Mcallen may require hosts to carry liability insurance for short-term rental properties. Minimum coverage amounts vary by jurisdiction.
Mcallen limits the number of guests allowed in short-term rental properties. Occupancy caps are typically based on bedroom count or square footage to protect neighborhood quality of life.
Mcallen may require designated parking for STR guests. Parking plan may be part of STR permit. No statewide parking time limit in Texas.
Hidalgo County imposes no primary-residence requirement on short-term rentals in unincorporated areas, because it cannot zone or license STRs. Any owner-occupancy or homestead restriction would come only from a city ordinance.
There is no Hidalgo County short-term rental registration for unincorporated areas because the county has no zoning power. Registration duties are city-imposed inside municipal limits and, statewide, through Texas Comptroller hotel occupancy tax enrollment.
No Hidalgo County rule requires a host or local contact to be present at a short-term rental in unincorporated areas, since the county cannot license STRs. On-site or local-contact requirements exist only in city ordinances.
Hidalgo County sets no annual night cap or booking limit on short-term rentals in unincorporated areas, because it cannot zone or license STRs. Any cap on rental nights or days per year would come only from a city ordinance.
Mcallen regulates fence materials by zone. Wood, vinyl, wrought iron, and chain-link common. HOAs often impose stricter material requirements.
McAllen limits residential fences to 6 feet in rear and side yards, 4 feet in front. Properties near the US-Mexico border in southern McAllen may have additional security fencing considerations. Corner lot visibility triangles enforced.
Texas has no shared fence cost statute. Each property owner is responsible for their own fence. No equivalent to California’s Good Neighbor Fence Act.
Standard fences under 6 to 8 feet typically don’t require permits in Mcallen. Taller and masonry fences may need building permits.
Mcallen requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Mcallen requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Hidalgo County imposes no general fence-construction requirements in unincorporated areas because Texas counties have no zoning authority. There is no county rule on fence style, setback, or design. Requirements come only from a plat, deed restrictions, or HOA covenants, and from a city if your land is inside city limits.
Hidalgo County sets no approved or prohibited fence-material list for unincorporated areas because it has no zoning authority. Owners may use wood, masonry, wrought iron, chain-link, or farm wire freely on their own land, subject only to deed restrictions or HOA covenants, and to a city's code inside city limits.
McAllen allows limited backyard chickens in residential zones. Cultural tradition of keeping poultry is common in Valley communities. Roosters prohibited in residential subdivisions due to noise. Larger livestock requires agricultural zoning.
Texas does not ban specific dog breeds. Lillian’s Law (HSC Ch. 822) is behavior-based. Dangerous dog designations based on individual dog’s actions.
Mcallen requires dogs on leash in public. Off-leash in designated parks only. License and rabies vaccination required. TX HSC §822.013 covers dogs at large.
Mcallen may allow residential beekeeping with hive limits and setbacks. Africanized bee concerns in Texas. Regulations vary by city.
Mcallen restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nuisance conditions.
Mcallen restricts ownership of exotic and wild animals. Many species require special permits or are prohibited entirely for public safety.
In unincorporated Hidalgo County, loose livestock is handled through Texas state law, not a county animal code. The Agriculture Code lets a county adopt a stock law restricting animals from running at large, and lets the sheriff impound estrays found roaming.
Hidalgo County publishes no numeric limit on how many dogs or cats a household may keep in the unincorporated areas. The practical constraints are state rabies-vaccination duties and general nuisance rules, not a per-household pet cap.
Hidalgo County has no published cat-leash ordinance, but state law applies. Every cat must be vaccinated against rabies under Health and Safety Code Sec. 826.021, and a cat that bites can be quarantined or observed by the county's Rabies Control Authority.
Hidalgo County has no ordinance using the word 'hoarding,' but neglect of many animals is reachable through Texas cruelty law and the county's rabies and stray-animal duties. Serious neglect can be charged under Penal Code Sec. 42.09 and Sec. 42.092.
Mcallen may encourage or require native and drought-tolerant landscaping. Some areas restrict traditional grass lawns in favor of water-efficient alternatives.
Mcallen generally permits artificial turf installation with some requirements for drainage, appearance, and base preparation.
McAllen follows strict water conservation under Rio Grande water allocation managed by the Hidalgo County Irrigation District. Semi-arid Valley climate means twice-weekly watering is standard. Drought restrictions can impose total outdoor watering bans.
Mcallen enforces maximum grass and weed height. Overgrown properties subject to code compliance action and city abatement at owner’s expense.
Mcallen may protect certain tree species. Oak wilt prevention: avoid pruning oaks February to June. Street trees are city property.
Mcallen enforces weed abatement for fire prevention and neighborhood maintenance. Vacant lots receive annual notices before peak growing season.
Mcallen allows residential rainwater harvesting. Texas has no significant state-level restrictions on rainwater collection for personal use.
Mcallen regulates tree removal on private property through permits and size thresholds. Street trees are city-managed and cannot be removed by residents.
Backyard composting is allowed in Hidalgo County; there is no ordinance against it and the county cannot zone private yards. The only limit is nuisance abatement: a compost pile that becomes unsanitary or harbors vermin can be addressed under Texas Health & Safety Code 343.011.
Mcallen enforces pool safety requirements including anti-entrapment drain covers (VGB Act), barriers, alarms, and depth markers.
Mcallen regulates hot tub and spa installation including electrical permits, barrier requirements, and placement rules.
Mcallen requires pool barriers to prevent unsupervised child access. Minimum 48-inch height per Texas standards. Self-closing, self-latching gates.
Mcallen regulates above-ground pools including permit requirements, setbacks, and barrier standards. Pools over a certain depth or capacity typically require permits.
Mcallen requires building permits for pools, spas, and hot tubs. Inspections required for electrical, plumbing, and barriers.
Mcallen regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Mcallen prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and towed after a notice period.
Mcallen requires vehicles to be parked on improved surfaces. Parking on front lawns typically prohibited. Driveway modifications require permits.
Mcallen enforces street parking restrictions locally. Texas has no statewide 72-hour rule. Posted signs and city ordinance govern.
Mcallen regulates RV, boat, and trailer storage on residential property. Front yard storage may be restricted. HOAs often have stricter rules.
Mcallen restricts commercial vehicle parking in residential zones. Weight, size, and signage limits apply. Overnight heavy truck storage prohibited.
Mcallen regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new construction.
Unincorporated Hidalgo County has no ordinance assigning meaning to painted curbs, because colored-curb parking codes are a municipal function under state law.
Oversized vehicles on unincorporated county roads are governed by state size and weight limits and stopping rules, not a local Hidalgo County parking ordinance.
Unincorporated Hidalgo County does not designate loading zones on public roads, a power that belongs to cities rather than Texas counties.
Mcallen prohibits external business signage at home occupations. No commercial evidence visible from the street.
McAllen allows home occupations with restrictions. Cross-border trade consulting, import-export businesses, and professional services are common home businesses along the US-Mexico border region. No external signage or customer walk-ins permitted.
Mcallen limits customer visits to home businesses. Traffic must not exceed residential norms. Retail walk-ins prohibited.
Mcallen permits certain homemade food products to be sold directly to consumers under cottage food laws. Products must be non-potentially hazardous and properly labeled.
Mcallen allows licensed home daycare operations with limits on the number of children. State licensing and local zoning approval typically required.
Hidalgo County issues no home-occupation permit because it has no zoning authority over unincorporated areas. Home businesses need no county land-use approval, though state trade and professional licensing still applies.
McAllen requires brush clearance on vacant lots, particularly in developing areas on the city's north and west sides. Semi-arid brush country vegetation including mesquite and native grasses dries quickly during drought, creating fire hazard.
Most Texas cities ban all consumer fireworks within city limits. Unincorporated areas allow 1.4G consumer types during designated periods.
Mcallen allows recreational fire pits with conditions. County burn bans apply during drought. Gas pits exempt from burn bans. TCEQ rules apply.
Outdoor burning regulated by TCEQ statewide. Mcallen may have additional restrictions. Burn bans during drought. DFW nonattainment area limits.
Mcallen may have wildfire hazard zones requiring defensible space around structures, fire-resistant building materials, and vegetation management.
The Hidalgo County Fire Marshal enforces the International Fire Code and requires working smoke alarms in overnight accommodation facilities. Fire and life-safety inspections verify that alarms are present and in proper working condition.
Backyard and open fires in unincorporated Hidalgo County follow the state outdoor-burning rules in 30 TAC Chapter 111 and any active Commissioners Court burn ban. Any fire must be attended, and the person burning remains liable for resulting damage.
Propane and LP-gas storage in Hidalgo County is regulated by the Railroad Commission of Texas LP-Gas Safety Rules and the International Fire Code enforced by the Fire Marshal. Installers must be state-licensed and tanks must meet NFPA 58 setback distances.
Mcallen allows small sheds without permits (typically under 120 to 200 sq ft). Larger structures need building permits. Setback requirements apply.
Mcallen regulates accessory dwelling units through zoning. Texas has no statewide ADU mandate. Rules vary significantly by city.
Mcallen may allow garage conversions with permits. Texas has no statewide garage conversion mandate. Replacement parking may be required.
Mcallen regulates tiny homes differently based on whether they are on a permanent foundation or on wheels. Zoning and minimum square footage requirements apply.
Mcallen requires permits for carport construction. Setback requirements, height limits, and lot coverage maximums apply.
Mcallen enforces property maintenance standards to prevent blight. Unmaintained properties with peeling paint, broken windows, or accumulated debris may face code violations.
Mcallen requires vacant lot owners to maintain their property including regular mowing, weed control, trash removal, and securing the site against trespass.
Mcallen requires garage and yard sales to maintain property appearance. Items must be displayed neatly and removed promptly after the sale ends.
Mcallen does not typically experience snow accumulation requiring formal clearing ordinances. General sidewalk maintenance and debris removal may still apply.
Mcallen regulates where trash and recycling bins can be stored and placed for collection. Bins must typically be screened from street view between pickup days.
In unincorporated Hidalgo County, tall weeds near homes and businesses are a public nuisance under Texas Health & Safety Code Section 343.011. The county's Nuisance Abatement Program mows weedy lots after notice and bills the owner.
Mcallen recreational drone use is governed by FAA rules and local ordinances. Drones under 55 lbs must be registered with the FAA. No flying near airports.
Mcallen commercial drone operators must hold a Part 107 Remote Pilot Certificate from the FAA. Additional local permits may be required for filming or surveying.
Mcallen limits the number of garage or yard sales per household per year. Typical limits range from 2 to 4 sales annually to prevent commercial activity.
Mcallen restricts garage sale hours to daytime periods, typically 8 AM to 6 PM or sunrise to sunset. Weekend sales are most common.
Mcallen may require a free or low-cost permit for garage and yard sales. Permit ensures compliance with time, signage, and frequency limits.
Mcallen does not permit cannabis dispensaries. State law prohibits the sale of recreational and medical marijuana. Any cannabis sales operations face criminal prosecution.
Mcallen prohibits home cannabis cultivation. State law does not permit recreational or medical marijuana growing. Possession of cannabis plants may result in criminal charges.
Mcallen provides weekly curbside trash and recycling collection on designated days. Missed pickups can be reported to Texas waste haulers or municipal services.
Mcallen requires residential recycling of accepted materials. Contamination with non-recyclables may cause entire bins to be rejected at the curb.
Mcallen requires bins placed at the curb with lids closed on collection day. Bins must be removed from the curb within a set timeframe after pickup.
Mcallen offers scheduled bulk item pickup for large items like furniture and appliances. Advance scheduling typically required. Some items may need special handling.
Illegal dumping in unincorporated Hidalgo County is a state offense under Texas Health & Safety Code Section 365.012, enforced by the county. Disposing of solid waste anywhere other than an approved site is prosecuted, and residents can report dumping to the county online.
Mcallen allows political signs on private property with size limits. Signs in public rights-of-way are typically prohibited. First Amendment protections apply. Removal required within a set period after elections.
Mcallen generally permits holiday decorations and displays on residential property with minimal restrictions. Displays should not create traffic hazards, excessive noise, or fire risks. HOA rules may add limits.
Mcallen allows temporary garage sale signs with restrictions on size, placement, and duration. Signs in public rights-of-way may be prohibited. Signs must be removed immediately after the sale.
Mcallen requires door-to-door solicitors and peddlers to obtain a permit. Background checks and identification badges are commonly required.
Mcallen maintains a no-knock or no-soliciting registry that residents can join. Solicitors who ignore posted signs or registry listings face fines.
Mcallen enforces a juvenile curfew for minors under 17. Nighttime curfew hours typically run 11 PM to 6 AM on school nights with later weekend hours.
Mcallen parks close at posted hours, typically dusk or 10 to 11 PM. After-hours presence is a trespassing violation enforced by police.
Mcallen zoning code requires minimum setback distances from property lines for all structures. Setbacks vary by zoning district and structure type.
Mcallen limits the percentage of a lot that can be covered by impervious surfaces and structures. Residential lots typically allow 40 to 60% coverage.
Mcallen zoning code sets maximum building heights by district. Residential zones typically limit structures to 35 feet or 2 to 3 stories.
Mcallen requires replacement planting when permitted trees are removed. Replacement ratios and species specifications ensure canopy preservation.
Mcallen designates heritage or landmark trees based on size, age, or species. Removal or damage to heritage trees carries significant penalties.
Mcallen requires permits to remove trees above a certain size on private property. Protected species and street trees have additional restrictions.
Mcallen regulates development in coastal zones through setback requirements, habitat protections, and public access mandates. State coastal commission approval may be required for projects near the shoreline.
Mcallen enforces FEMA flood zone development standards. Properties in Special Flood Hazard Areas face elevation requirements, flood insurance mandates, and construction restrictions.
Mcallen requires stormwater management for new development and significant property modifications. Runoff must be controlled on-site through retention, detention, or infiltration systems.
Mcallen requires erosion and sediment control measures during all land-disturbing activities. Silt fences, erosion blankets, and stabilized construction entrances are standard requirements.
Mcallen requires grading permits for significant earth-moving work. Drainage must not redirect water onto neighboring properties. Proper grading prevents erosion and flooding.
Mcallen regulates outdoor lighting to reduce light pollution and glare. Fully shielded fixtures required for new installations. Lighting must be directed downward and not trespass onto neighboring properties.
Mcallen prohibits outdoor lighting that causes unreasonable glare or illumination on neighboring properties. Light trespass complaints are handled through code enforcement.
Mcallen does not have rent control. State law preempts local rent control ordinances, meaning municipalities cannot cap rent increases. Market rates apply to all rental properties.
Mcallen may require landlords to register rental properties with the city and maintain compliance with housing codes. Registration helps ensure rental units meet safety and habitability standards.
Mcallen follows state landlord-tenant law for evictions. Landlords must follow proper notice procedures but may not need to state cause for non-renewal of month-to-month tenancies in most cases.
Under Tex. Prop. Code § 24.005, a Texas landlord must give a defaulting or holdover tenant at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, unless the lease sets a different period. After the notice expires the landlord files in justice court; only a court-ordered writ of possession can remove the tenant.
Under Tex. Prop. Code § 92.052 a landlord must make a diligent effort to repair conditions that materially affect an ordinary tenant's health or safety after proper notice. Section 92.056 sets the notice process and a rebuttable presumption that seven days is reasonable; § 92.0561 lets a tenant repair and deduct, capped at one month's rent or $500.
Texas has no statute requiring a landlord to give advance notice before entering a residential rental unit. Whether and how much notice is required is governed entirely by the lease. If the lease is silent, no advance notice is statutorily mandated, though landlords cannot use entry to harass or retaliate under Tex. Prop. Code Ch. 92.
Under Tex. Prop. Code § 92.019 a residential late fee must be reasonable and may be charged only if written in the lease and the rent stays unpaid two full days after due. A fee is deemed reasonable at up to 12% of rent for a structure with four or fewer units, or 10% for larger structures.
Under Tex. Prop. Code § 91.001, either party may end a month-to-month tenancy by giving notice, and the tenancy ends on the later of the date in the notice or one month after notice is given. Shorter rent-paying periods need notice equal to that period. A written lease may set a different period, and fixed terms simply expire.
Texas has no statute capping residential rent or requiring advance notice before a rent increase. Amount and timing are governed entirely by the lease. On a month-to-month tenancy a landlord changes rent by serving the one-month notice under Tex. Prop. Code § 91.001. Fixed-term rent is locked until the term ends.
Texas places no statutory limit on how much a landlord can charge for a security deposit. However, the landlord must refund the deposit within 30 days after the tenant surrenders the premises. A landlord who keeps a deposit in bad faith faces $100 plus three times the wrongfully withheld amount, plus the tenant's attorney's fees.
In Texas a squatter can claim title only through adverse possession, with periods that shorten as the claim strengthens: 3 years under title or color of title (§ 16.024), 5 years with a registered deed plus paid taxes (§ 16.025), 10 years for bare possession capped at 160 acres (§ 16.026), and 25 years under a recorded instrument (§ 16.028).
Mcallen residents in HOA communities benefit from state solar access laws that limit HOA ability to prohibit solar panels. HOAs may regulate placement but cannot effectively ban solar installations.
Mcallen requires building permits for solar panel installations. Permit processes vary but most jurisdictions have streamlined solar permitting. Roof-mounted systems must meet structural and electrical code requirements.
Mcallen designates approved vending zones for food trucks. Distance requirements from brick-and-mortar restaurants and schools typically apply.
Mcallen requires food trucks to obtain a mobile food vendor permit and health department approval. Annual licensing and vehicle inspections are typically required.
Residential barbecue grilling is allowed in Hidalgo County, but during an active Commissioners Court burn ban outdoor open flames are restricted, and propane cylinders must be stored and used per the Railroad Commission LP-gas rules and the International Fire Code.
Backyard smokers and wood or charcoal cooking are allowed in Hidalgo County when no burn ban is in effect, but must be attended, and open wood fires are restricted during a Commissioners Court burn ban issued during drought or elevated fire danger.
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.
Under the Texas Residential Property Owners Protection Act, unpaid assessments become a lien (Tex. Prop. Code § 209.0094), but a Texas HOA may not foreclose that lien without first obtaining a court order (§ 209.0092). Owners can demand an alternative payment plan of at least three months under § 209.0062 before collection proceeds.
Texas requires open HOA governance: Tex. Prop. Code § 209.0051 makes board meetings open to owners with advance notice, § 209.005 gives owners the right to inspect association books and records, and § 209.00591 protects owners' right to run for and elect the board, voiding covenants that restrict candidacy.
A Texas HOA enforces its recorded restrictive covenants (Tex. Prop. Code Ch. 202), but Chapter 209 controls the procedure: § 209.006 requires certified-mail notice and a cure opportunity before most enforcement, and § 209.007 gives the owner a hearing. Section 202.003 directs that covenants 'shall be liberally construed' to give effect to their purpose.
Before a Texas HOA may levy a fine, Tex. Prop. Code § 209.006 requires written notice by certified mail describing the violation and a reasonable time to cure. The owner may request a hearing under § 209.007 within 30 days, and § 209.0061 requires a published fine schedule. Texas sets no statutory dollar cap on fines.
Texas law overrides HOA covenants on several fronts: Tex. Prop. Code § 202.010 bars associations from prohibiting solar energy devices, § 202.012 protects the U.S., Texas, and military flags, § 202.009 protects political signs in the pre-election window, and § 202.018 protects religious items at a dwelling's entry. Each allows only limited, reasonable restrictions.
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.