Texas Health and Safety Code section 361.0961 preempts cities and counties from regulating containers and packages, which the Texas Supreme Court Laredo case extends to polystyrene foam. Harris County cannot ban Styrofoam takeout containers. Restaurants and grocers freely use polystyrene packaging countywide.
Texas Health and Safety Code 361.0961, the Solid Waste Disposal Act preemption clause interpreted by City of Laredo v. Laredo Merchants Association (2018), bars Texas cities and counties from regulating containers and packages, including polystyrene foam. Harris County has no expanded polystyrene ordinance and is preempted from enacting one. Restaurants, school cafeterias, and grocery stores across Harris County freely use foam clamshells, cups, and trays. The Texas Restaurant Association cites the ruling whenever local proposals surface. Federal FDA rules still govern food-contact safety of polystyrene. Harris County Public Health and Engineering pursue voluntary recycling and litter education only. Some commercial recyclers accept clean expanded polystyrene from restaurants and offices.
Harris County imposes no penalty on polystyrene foam containers because the county has no ordinance and is preempted from creating one. State litter laws under Health and Safety Code chapter 365 still apply to discarded foam packaging in unincorporated areas.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Baytown, TX
Baytown Code of Ordinances Chapter 14 (Animals) addresses barking dogs as a nuisance. A dog that barks, howls, or makes excessive noise continuously for an e...
Baytown, TX
Baytown Code of Ordinances Chapter 34 (Nuisances) regulates construction noise in residential areas. Construction activities producing loud noise are restric...
Baytown, TX
Baytown Code of Ordinances Chapter 34 (Nuisances) prohibits unreasonably loud or disturbing sounds including amplified music. Sound from loudspeakers, PA sys...
Baytown, TX
Baytown enforces noise regulations under its Code of Ordinances. Quiet hours are 10 PM to 6 AM in residential areas. Located near major ExxonMobil and Chevro...
Baytown, TX
Baytown does not have a specific ordinance restricting leaf blower use. Gas-powered and electric leaf blowers are permitted for residential and commercial la...
Baytown, TX
Baytown has relatively permissive street parking rules. There are no residential parking permits, no general time limits for street parking, and no alternate...
Side-by-side rule comparisons with other cities in Harris County.
See how Baytown's polystyrene foam rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.