Travis County cannot ban polystyrene foam containers because the same TX HSC 361.0961 preemption confirmed by Laredo Merchants v. Laredo applies to all solid waste containers, not just plastic bags.
Texas Health and Safety Code Section 361.0961 prohibits local governments from adopting ordinances that prohibit or restrict the sale or use of any solid waste container or package. The Texas Supreme Court applied this broadly in City of Laredo v. Laredo Merchants Association in 2018. The same statutory language reaches polystyrene foam clamshells, cups, and trays. Travis County therefore cannot ban polystyrene takeout containers in unincorporated areas. Retailers and restaurants can voluntarily switch to compostable or fiber-based alternatives, and the county can promote sustainability without imposing a mandatory ban.
No local polystyrene enforcement exists in Travis County. Restaurants using foam takeout containers operate lawfully under state preemption following Laredo Merchants and HSC Section 361.0961.
See how Travis County's polystyrene foam rules rules stack up against other locations.
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