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.
Section 361.0961 of the Health and Safety Code prohibits political subdivisions from adopting ordinances restricting the sale or use of containers or packages for solid waste management purposes. Following the Texas Supreme Court's 2018 ruling in City of Laredo v. Laredo Merchants Association, the statute clearly bars local polystyrene foam restrictions on the same grounds as plastic bag bans. Cities may not prohibit expanded polystyrene (EPS) food service ware, takeout containers, or coolers. HB 2127 (2023), the Texas Regulatory Consistency Act, further preempts local environmental regulation of consumer packaging by occupying the field of solid waste management at the state level.
Local polystyrene ordinances are unenforceable; cities face injunctive relief, declaratory judgment, and HB 2127 enforcement actions including private rights of action.
Denton, TX
Denton Code Sec. 6-9 prohibits any animal from creating noise that interferes with neighbors' reasonable enjoyment of their property. Residents within 300 fe...
Denton, TX
Denton Sec. 17-20 uses a reasonableness standard rather than fixed decibel limits for most noise sources. The one specific numeric limit is 70 dBA at the eve...
Denton, TX
Denton Code Ch. 17, Art. II (Sec. 17-20) prohibits noise of such character, intensity, and duration as to substantially interfere with comfortable enjoyment ...
Denton, TX
Denton Sec. 17-20 caps outdoor amplified events at 70 dBA measured at the event perimeter. The Fry Street entertainment district near UNT and the downtown co...
Denton, TX
Denton has no standalone leaf blower ordinance. Leaf blowers are regulated under the general noise provisions of Sec. 17-20 and the construction-hours framew...
Denton, TX
Denton caps outdoor amplified sound at 70 dBA at the event perimeter under Sec. 17-20. Special event permits from the city are required for outdoor concerts,...
See how Denton's polystyrene foam rules rules stack up against other locations.
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