Pop. 199,177 · Collin County
Amplified music audible beyond property lines after 10 PM violates McKinney Code Chapter 62. Historic Downtown McKinney entertainment venues require a special events permit for outdoor amplified sound past 10 PM.
Persistent barking over 15 minutes continuously or 30 minutes intermittently is a nuisance under McKinney Code Chapter 14 (Animals). Enforced by McKinney Animal Services. State Health & Safety Code 822 governs dangerous animal behavior beyond noise.
Modified exhausts, loud stereos, and engine revving are prohibited under McKinney Code Chapter 62 and Texas Transportation Code 547.604 (muffler requirement). Sound audible beyond 30 feet from a vehicle is prima facie evidence of violation.
Feeding deer, coyotes, feral hogs, and other wildlife is prohibited in McKinney under Chapter 14 nuisance provisions. Bird feeding allowed but must not create a rodent attractant or bird accumulation nuisance.
McKinney residential properties may keep up to 4 dogs and 4 cats combined over 4 months of age per City Code Chapter 14. Kennel license required for 5 or more of either species.
Backyard chickens allowed in McKinney with a limit of 6 hens, no roosters, on lots of at least 1/2 acre. Coops must be 25 feet from any residence and 10 feet from property lines under Zoning Ordinance fowl provisions.
Dogs must be on a leash no longer than 6 feet whenever off the owner property under McKinney Code Chapter 14. Off-leash allowed only in designated dog parks (Bonnie Wenk Dog Park, Gabe Nesbitt). TX Health & Safety Code 822.042 applies for dangerous dogs.
Beekeeping is permitted in McKinney on lots over 1/4 acre with hives set back at least 25 feet from property lines per Zoning Ordinance. Texas Apiary Inspection Service registration required for 6 or more colonies.
McKinney does not enforce breed-specific legislation, consistent with Texas Health & Safety Code 822.047 which prohibits municipalities from banning breeds. Dangerous dog determinations are behavior-based under Lillian Law.
McKinney prohibits dangerous wild animals under City Code Chapter 14, aligned with Texas Health & Safety Code 822.101-116. Lions, tigers, bears, non-human primates, and venomous reptiles require state registration and are generally banned within city limits.
Corner lots in McKinney must maintain a visibility triangle at intersections where fences, walls, and landscaping cannot exceed 3 feet in height within 25 feet of curbs per Engineering Design Standards.
McKinney Zoning Ordinance allows 8 ft rear and side-yard fences and 4 ft front-yard fences in residential districts. Corner lots have sight-triangle restrictions limiting front/side height to 3 ft near intersections.
McKinney permits wood, wrought iron, vinyl, masonry, and tubular steel fencing. Chain link is restricted in front yards and along arterial street frontages. Corrugated metal, barbed wire, and electric fencing prohibited in residential districts.
Swimming pools in McKinney must be enclosed by a minimum 48-inch fence with self-closing self-latching gates per 2021 IRC Appendix G adopted by the city. Pool barriers inspected before final CO issuance.
Fence permits are required in McKinney for all new fences and for replacement of more than 50 percent of an existing fence. Permit fee is approximately 50 plus contractor registration. HOA approval typically required in master-planned communities.
Texas has no Good Neighbor Fence Act; McKinney does not mandate shared fence costs. Each owner may build on their own property line, and adjoining owners are not required to share expense or maintenance absent written agreement.
Backyard recreational fires allowed in McKinney when contained in approved pits or portable devices, maximum 3 ft pile size, 25 ft from structures, attended at all times. Prohibited during active Collin County burn bans (except gas pits).
McKinney adopts the 2021 International Residential Code requiring smoke alarms in every sleeping room, outside each sleeping area, and on every floor including basements. Interconnection and hardwiring required in new construction.
All consumer fireworks banned within McKinney city limits year-round under City Code. Violations carry fines up to 2,000 dollars per Texas Local Government Code Section 352. Discharge or sale is Class C misdemeanor.
McKinney requires property owners to maintain lots clear of combustible vegetation and debris under Chapter 42 Health and Sanitation. Grass and weeds over 12 inches are a nuisance subject to abatement.
McKinney is not mapped in a California-style wildfire hazard zone, but western and northern edges near rural Collin County include wildland-urban interface (WUI) parcels. Fire Department uses Texas A&M Forest Service risk data.
McKinney permits gas and propane fire pits year-round. Wood-burning recreational fires allowed in approved containers with spark screens, minimum 25 ft from structures per IFC 307 as adopted by the city.
Outdoor burning of yard waste, trash, and debris is prohibited in McKinney under TCEQ 30 TAC Section 111.209 and city ordinance. Only approved recreational fires and cooking fires are allowed.
Rainwater harvesting encouraged in McKinney and protected by Texas Property Code Section 202.007 which bars HOAs from prohibiting rain barrels or cisterns. Sales tax exempt under Tax Code 151.355.
McKinney Chapter 42 declares tall weeds, rank vegetation, and accumulations of objectionable matter public nuisances. Same 12-inch standard and 10-day abatement process as grass.
McKinney encourages native Texas and Blackland Prairie plants through landscape ordinances and Water Conservation rebates. New development landscape plans credit native and adapted species.
Artificial turf allowed in McKinney single-family rear and side yards. Front-yard artificial turf subject to Zoning Chapter 146 landscape standards; some districts restrict it. HOA rules often apply and are not overridden by state law for artificial turf.
Removal of protected trees (6 inches DBH and larger) in McKinney requires a Tree Removal Permit under Chapter 146 Article V. Replacement or mitigation fee into Tree Fund required.
McKinney Tree Preservation Ordinance (Zoning Chapter 146 Article V) regulates trimming of protected trees over 6 inches DBH. Routine pruning allowed; topping or removing over 25 percent of canopy requires permit.
McKinney follows North Texas Municipal Water District (NTMWD) year-round outdoor watering schedule: twice weekly maximum, no watering 10 AM to 6 PM April through October. Stage restrictions tighten during drought.
McKinney limits grass and weeds to 12 inches maximum on improved lots under Chapter 42 of City Code. Code Services issues 10-day notice before city abatement and lien.
Tiny homes on wheels (THOWs) treated as RVs in McKinney and cannot be used as permanent dwellings on single-family lots. Tiny homes on foundations must meet standard zoning minimum floor area, typically 1,000 sq ft or larger depending on district.
McKinney permits attached carports on residential lots subject to setbacks and building permit. Front-yard prefabricated metal carports generally prohibited in most single-family zoning districts.
McKinney restricts accessory dwelling units in single-family residential districts. Under the McKinney Zoning Ordinance, an accessory living quarters or guest house may be permitted as incidental to the principal dwelling but cannot be rented as a separate household. Establishing a true ADU as a separate rental unit typically requires a Specific Use Permit (SUP), reviewed by the Planning & Zoning Commission and City Council under Texas Local Government Code Ch. 211 zoning authority.
McKinney's single-family residential zoning effectively requires owner-occupancy by limiting each lot to one dwelling unit. The accessory guest house cannot be rented as a separate household. Where a Specific Use Permit allows a true second unit, owner-occupancy is typically a recorded SUP condition. Texas has not preempted local owner-occupancy conditions.
McKinney charges standard impact and utility fees on new dwelling units under Texas Local Government Code Chapter 395 authority, including water/wastewater impact fees and roadway impact fees in adopted service areas. There is no Texas statewide ADU impact-fee waiver comparable to California Gov. Code §65852.2(f). Costs depend on whether the unit requires a new utility connection.
McKinney's single-family zoning prohibits renting an accessory guest house as a separate household. Where an SUP permits a true second unit, long-term (30+ days) rental is allowed if owner-occupancy continues. Short-term rentals (under 30 days) are subject to McKinney's short-term rental regulations and Hotel Occupancy Tax. Texas SB 987 (2023) was vetoed; STR preemption remains unresolved.
McKinney generally does not permit accessory dwelling units (ADUs) as-of-right in single-family zoning districts. Guest quarters without cooking facilities allowed under Zoning Chapter 146 accessory use rules.
McKinney sheds 200 square feet or smaller and under 8 ft tall do not require a building permit but must meet zoning setbacks (typically 3 ft side and rear). Larger sheds require permit.
Garage conversions in McKinney require building permit, zoning verification, and replacement of required off-street parking. Conversions that create separate dwelling units are not allowed in SF districts.
McKinney does not impose an annual night-cap on STR rentals; stays over 30 days are simply exempt from hotel occupancy tax and fall outside the STR framework.
McKinney STR occupancy is capped based on bedrooms, typically two adults per bedroom plus two additional, with daytime event caps to prevent party-house use in residential neighborhoods.
Annual STR registration with McKinney requires property address, owner and local contact information, proof of HOT account, floor plan showing exits, and a non-refundable fee; renewal is contingent on compliance history.
McKinney STR operators should maintain commercial short-term rental liability insurance of at least 1 million dollars; platform host protection programs supplement but do not replace this coverage.
McKinney requires short-term rental operators to register with the city, maintain a local contact, and collect hotel occupancy tax; STRs are allowed in most residential zones subject to occupancy and parking rules.
STR guests must comply with McKinney's 10 PM to 7 AM residential quiet hours; operators are strictly liable for guest-generated noise and amplified outdoor sound is prohibited after 10 PM.
Stays under 30 days in McKinney are taxed at a combined 13 percent: 6 percent Texas state HOT plus 7 percent City of McKinney HOT, remitted monthly; platforms like Airbnb collect state tax but operators verify city collection.
STR guest parking must be accommodated on site in driveways or garages; on-street parking is limited to legal spaces, and trailers, RVs, and commercial vehicles cannot be stored at STRs overnight.
McKinney does not have a citywide overnight parking ban on residential streets. Vehicles may remain on public streets but cannot stay in the same spot more than 72 consecutive hours under the abandoned vehicle rule. HOA communities may impose stricter overnight rules via CCRs.
McKinney defines abandoned vehicles as those left on public property over 48 hours or inoperable vehicles in public view over 72 hours. Enforcement follows Texas Transportation Code Chapter 683. Vehicles are tagged, then towed if not removed within the notice period.
McKinney permits residential EV charger installation with an electrical permit through the Building Inspections Department. New commercial developments over a certain size must include EV-ready parking spaces per the adopted 2020 NEC Article 625. Level 2 chargers require 240V dedicated circuits.
McKinney generally allows on-street parking on public streets unless posted. Vehicles must park within 18 inches of the curb, not block driveways, fire hydrants (15 ft), or crosswalks (20 ft). Historic Downtown has 2-hour time-limited zones.
McKinney prohibits parking RVs, boats, and trailers in the front yard of residential lots. Storage allowed on side or rear yard behind the front building line, screened by a 6-ft fence. Driveway parking limited to 72 hours for loading and unloading.
McKinney prohibits parking commercial vehicles over 1 ton or 22 ft in length in residential zoning districts except for active loading or service calls (2-hour limit). Semi-trailers, dump trucks, and tractor units are banned from residential streets overnight.
McKinney driveways in single-family districts must be paved with concrete or approved material. Maximum driveway width at the property line is 24 ft for single-family or 35 percent of lot frontage, whichever is less. Front yard parking is restricted to the approved driveway.
Hot tubs and spas in McKinney require an electrical permit and must either be equipped with a lockable, ASTM F1346 safety cover or be enclosed within a pool-compliant barrier.
McKinney requires a building permit and multiple inspections for any in-ground pool or spa; permits cover structural, electrical, plumbing, and barrier compliance under the 2021 IRC as adopted by the city.
McKinney enforces 2021 IRC Appendix G pool barriers: minimum 48-inch fence, self-closing and self-latching gates opening outward, latch 54 inches high, and door alarms on any house opening into the pool area.
McKinney pools must comply with the Virginia Graeme Baker Pool and Spa Safety Act for drain covers, proper electrical bonding, and (for public/semi-public pools) lifeguard or warning signage requirements under TX DSHS rules.
Above-ground pools deeper than 24 inches in McKinney require a permit, barrier compliance, and electrical permits for pump wiring; inflatable pools under 24 inches and under 5,000 gallons are exempt.
McKinney allows registered and licensed home child-care operations as a home occupation, subject to Texas HHSC licensing and zoning limits on children, staff, and outdoor play area setbacks.
McKinney home-based cottage food operations protected under Texas Cottage Food Law (Health and Safety Code Chapter 437 Subchapter B). Direct sales of non-hazardous foods allowed from home, online, farmers markets. Annual gross sales capped at 50,000 dollars.
McKinney permits home occupations by right in residential zones when the activity is incidental to the home, produces no external evidence, and generates no customer traffic beyond typical residential levels; no separate permit is required but a city business tax certificate may apply.
Home occupations permitted in McKinney residential districts under Zoning Chapter 146 provided the use is clearly incidental to residential use, occupies under 25 percent of floor area, and generates no external evidence.
No business signage allowed on residential properties for home occupations in McKinney. Zoning Chapter 146 home occupation standards prohibit any display or sign visible from the street.
Home occupations in McKinney must not generate customer or client traffic beyond what is normal for a residence. Zoning interprets this as typically no more than one or two client visits per day by appointment only.
McKinney provides single-stream recycling through CWD with weekly curbside collection. Accepted materials include paper, cardboard, metal cans, plastics #1-#5, and glass bottles. Participation is voluntary but included in utility billing.
Carts must be placed at the curb with wheels toward the house, 3 feet clear of obstacles. Carts must be removed from street view within 24 hours of pickup per McKinney Code of Ordinances Chapter 94.
McKinney provides monthly bulk trash pickup for residential customers through CWD. Items must be placed curbside the night before scheduled collection, limited to 6 cubic yards per month.
McKinney contracts with Community Waste Disposal (CWD) for weekly residential collection. Trash and recycling pickup occur on the same day based on route. Carts must be placed curbside by 7 AM on collection day.
Lead-based paint in pre-1978 McKinney homes is governed by federal EPA RRP rules and HUD disclosure requirements; McKinney does not impose additional local lead abatement obligations beyond federal law.
McKinney requires scaffolding to comply with the adopted 2021 International Building Code and OSHA 29 CFR 1926 Subpart L. Contractors must obtain a building permit when scaffolding is erected as part of a permitted project and maintain 10 ft clearance from overhead power lines.
McKinney property owners must control rodents, roaches, and other vermin under the Property Maintenance Code. Commercial pesticide applicators must be licensed by the Texas Department of Agriculture and comply with TDA Structural Pest Control Service rules.
Elevators in McKinney multi-family, commercial, and public buildings are regulated by the Texas Department of Licensing and Regulation under Texas Health and Safety Code Chapter 754, requiring annual inspections and state-licensed mechanics.
McKinney HOA covenants are enforced under TX Property Code Ch. 202 and 209; enforcement must be reasonable and consistent, cannot discriminate, and must respect state-law protections for flags, solar, religious items, and xeriscape.
McKinney HOAs operate under Texas Property Code Chapter 209, which requires open meetings for members, recorded board actions, and 72-hour notice for regular meetings of most residential POAs.
TX Property Code §209.007 gives McKinney HOA owners the right to a hearing before the board prior to fines or suspension of privileges, with 30-day notice and the option to request alternative dispute resolution.
McKinney HOAs must follow TX Property Code §209.0064 for assessment collection: certified mail notice of default, 30-day cure period, payment plan offer, and strict prerequisites before foreclosure, which requires court order under §209.0092.
Texas Property Code §209.00505 governs McKinney HOA architectural review committees, requiring written decisions and an appeal route to the board; state law also preempts HOA bans on religious displays, solar panels, drought-resistant landscaping, and standby generators.
McKinney requires mobile food unit (MFU) permits through Collin County Environmental Health Services, plus a city health permit and commissary agreement. TX Health and Safety Code Chapter 437 governs mobile food operations statewide. Operators must maintain food manager certification.
McKinney allows food trucks on private property with owner permission in commercial zoning districts. Operation on public right-of-way requires a special event permit. Food truck parks and events like Third Thursday at Towne Lake have specific approval processes.
McKinney regulates food trucks and mobile food units under City Code Chapter 46 (Food Establishment Regulations), which adopts the Texas Food Establishment Rules (TFER, 25 TAC Ch. 228) by reference. The City of McKinney Health Compliance Division (401 E. Virginia St., 972-547-7445) issues Mobile Food Establishment permits; Chapter 46 was amended effective February 2, 2026 under Texas Health & Safety Code § 437.0127. Mobile permits run in six-month blocks (Jan 1–Jun 30 or Jul 1–Dec 31) with no fee proration regardless of issuance date. Vendor cart vending on public sidewalks is not authorized as a stand-alone city license.
McKinney operates under a TCEQ MS4 Phase II stormwater permit (TXR040000). Development over 1 acre must submit a Stormwater Pollution Prevention Plan (SWPPP) and file a Notice of Intent with TCEQ. Illicit discharges to storm drains are prohibited.
McKinney requires erosion and sediment control BMPs on all construction sites disturbing 1 acre or more. Silt fences, inlet protection, stabilized construction entrances, and perimeter controls must be installed before earthwork begins and maintained through final stabilization.
McKinney requires a grading and drainage permit for earthwork exceeding 50 cubic yards or any grading within a floodplain. Site grading must direct runoff to approved drainage systems without increasing discharge to adjacent properties.
McKinney participates in the NFIP (CID 480134). Properties along the East Fork Trinity River, Wilson Creek, and Honey Creek include mapped SFHA Zones AE and A. Substantial improvement or substantial damage (50 percent rule) triggers full floodplain compliance per Chapter 38 Flood Damage Prevention.
McKinney residential setbacks vary by zoning district. Typical SF-5 (single-family 5,000 sf lot): 20 ft front, 7 ft side, 15 ft rear. SF-10 requires 25 ft front, 8 ft side, 20 ft rear. Corner lots have 15 ft street side-yard setback.
McKinney limits residential structure height to 35 ft or 2.5 stories in most single-family districts. Accessory structures capped at 15 ft for sheds and 25 ft for detached garages. Commercial district heights range from 35 ft to 75 ft depending on zoning (O-1, C-1, C-2, etc.).
McKinney single-family lot coverage limits range from 35 percent (SF-10) to 50 percent (SF-5) for all buildings combined. Impervious surface coverage (buildings plus driveways plus patios) is typically capped at 60-65 percent in residential districts.
McKinney prohibits light trespass exceeding 0.5 footcandles at the property line of residentially zoned adjacent parcels. Complaints handled by Code Compliance as a nuisance violation. Aimed flood lights into neighboring yards or windows trigger enforcement.
McKinney does not have a formal dark-sky designation, but the Zoning Ordinance requires outdoor lighting be shielded and downward-directed in all districts. Commercial parking lot lighting must meet IES full cutoff standards and not exceed 0.5 footcandles at residential property lines.
McKinney does not require general rental property registration. Short-term rentals (under 30 days) require separate registration through the city Finance Department for Hotel Occupancy Tax collection.
McKinney has NO local rent control ordinance. Tex. Local Gov't Code § 214.902 preempts Texas cities from enacting rent control absent a declared disaster-related housing emergency and governor approval. The McKinney Code of Ordinances contains no rent stabilization chapter.
McKinney has NO local just-cause eviction ordinance. Texas is a no-cause termination state under Tex. Prop. Code § 91.001 — a month-to-month tenancy may be ended by either party on 30 days' written notice without stating a reason. Fixed-term leases may be terminated for breach under Tex. Prop. Code Ch. 24.
McKinney follows Texas Election Code and Local Government Code §216.903 which preempts most local restrictions on political signs. Signs up to 36 square feet allowed on private property during election periods.
McKinney does not regulate seasonal holiday displays on residential property. Lights, inflatables, and decorations are permitted without permits provided they do not obstruct sight lines or create safety hazards.
McKinney prohibits garage sale signs in public rights-of-way, on utility poles, street signs, and medians. Signs allowed only on private property with owner consent and must be removed within 24 hours after the sale.
McKinney enforces a juvenile curfew under Code of Ordinances Chapter 58 prohibiting persons under 17 from being in public places between 11 PM and 6 AM on weekdays and midnight to 6 AM on weekends.
McKinney parks close from 11 PM to 6 AM daily per Parks and Recreation rules. Entering a park after hours is a Class C misdemeanor trespass violation.
McKinney recreational drone use is governed by FAA Part 107 and TX Government Code Ch. 423. McKinney sits within DFW Metroplex Class B airspace with proximity to McKinney National Airport (TKI) requiring LAANC authorization.
Commercial drone operations in McKinney require FAA Part 107 Remote Pilot Certificate and LAANC authorization for TKI controlled airspace. Commercial filming on city property requires a separate Parks and Recreation permit.
Cannabis dispensaries are prohibited in McKinney under Texas state law. Only Texas Department of Public Safety licensed Compassionate Use Program dispensaries may distribute low-THC medical cannabis, and none are currently sited in Collin County.
Home cannabis cultivation is illegal in McKinney under Texas state law. TX Health and Safety Code §481.121 classifies marijuana possession as a criminal offense regardless of quantity or purpose.
Trash carts must be stored out of public view between collections per McKinney Code Chapter 94. Carts visible from the street beyond 24 hours after pickup trigger code enforcement action.
McKinney has no mandatory snow or ice removal ordinance for residential sidewalks. North Texas winter weather events are infrequent and state law imposes no clearance duty.
Vacant lots in McKinney must be kept free of weeds, grass over 12 inches, trash, and debris. Owners receive 10-day cure notices before city mowing and lien assessment under Code Chapter 42.
McKinney enforces International Property Maintenance Code (IPMC) with local amendments through Code Services. Blighted properties face citations for peeling paint, broken windows, sagging gutters, and structural deterioration.
McKinney requires a garage sale permit for residential sales under Code of Ordinances Chapter 110. Residents are limited to 3 sales per calendar year, each no longer than 3 consecutive days.
McKinney honors posted No Solicitation signs and maintains a Do Not Knock registry through Code Services. Permitted solicitors must check the registry before canvassing and cannot approach registered addresses.
McKinney requires door-to-door solicitors to obtain a Peddler or Solicitor Permit from the city before engaging in sales. Applications include background checks and 100 dollar fee under Code Chapter 110.
McKinney permits solar panel installation on residential and commercial properties. Building and electrical permits required. Roof-mounted systems typically permitted over the counter. Texas Property Code 202.010 prevents HOAs from unreasonably restricting solar devices.
Texas Property Code 202.010 (Solar Rights Act) prohibits HOAs in McKinney from banning solar energy devices. HOAs may regulate location and appearance only if restrictions do not reduce system output by more than 10 percent or add over 5 percent to installation cost.
Outdoor kitchens in McKinney require separate trade permits from Building Inspections: building permit for structural elements, mechanical permit for gas lines, plumbing permit for water/sinks, and electrical permit for outdoor outlets. McKinney enforces the International Codes with Texas amendments. Zoning setbacks apply to permanent structures, and HPO properties require a Certificate of Appropriateness.
McKinney has no specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-family balcony smokers face the same IFC §308.1.4 prohibition as other open-flame cooking. Excessive smoke crossing property lines can be addressed under McKinney's general nuisance provisions.
McKinney adopts the International Fire Code through the McKinney Code of Ordinances, enforced by McKinney Fire Department. IFC §308.1.4 prohibits open-flame cooking devices and LP-gas containers larger than 1 lb on combustible balconies or within 10 feet of combustible construction at multi-family buildings (3+ dwelling units). Single-family backyard grilling is unrestricted. Collin County burn bans during drought do not apply to manufactured grills.
McKinney's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Political signs are protected as free speech and by Texas Election Code §259.002. HOA covenants under the Texas Residential Property Owners Protection Act may impose private rules. Texas Property Code protects U.S. and Texas flag displays. HPO properties may have heritage design review.
McKinney has no citywide ordinance restricting residential holiday lights at single-family homes. Restrictions arise principally from HOA covenants under the Texas Property Code Ch. 209 (Texas Residential Property Owners Protection Act), the McKinney noise ordinance for sound-synchronized displays, and property maintenance code for damaged fixtures. Historic Preservation Overlay properties may have additional review.
McKinney has no specific City ordinance regulating residential inflatable holiday displays. The principal restrictions come from HOA covenants under the Texas Residential Property Owners Protection Act, the McKinney noise ordinance for blower/music sound, and property maintenance code for damaged or chronically deflated displays. Tornado preparedness is a practical concern.
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.