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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Euless, TX
Euless has no specific leaf blower ordinance. Leaf blowers are regulated only by the general noise ordinance (Code Chapter 50). Use during quiet hours (10 p....
Euless, TX
Euless regulates industrial noise via zoning (Chapter 82) and the general noise ordinance (Chapter 50). Performance limits at residential boundaries: roughly...
Euless, TX
Euless borders Dallas/Fort Worth International Airport and sees heavy aircraft noise. FAA has exclusive jurisdiction under federal law, so local ordinances c...
Euless, TX
Outdoor music at Euless restaurants, parks, and venues must comply with Code Chapter 50. Commercial outdoor music generally ends by 10 p.m. Special event per...
Euless, TX
Euless construction noise is limited to roughly 7 a.m. to 8 p.m. Mon-Sat under Code Chapter 50. Sunday and holiday work is restricted to emergencies absent a...
Euless, TX
Euless prohibits chronic barking and habitual animal noise under the Animal Control ordinance (Code Chapter 10) and noise ordinance (Chapter 50). Owners of d...
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