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.
Grapevine, TX
Outdoor music at venues and events in Grapevine requires a permit when it extends beyond normal operations. Main Street wineries and the Gaylord Texan operat...
Grapevine, TX
Grapevine allows on-street parking on most public residential streets subject to a 24-hour limit and posted restrictions. Downtown and event districts near M...
Grapevine, TX
Grapevine requires building permits for fences over 6 feet tall and for masonry walls of any height. Simple wood privacy fences under 6 feet typically do not...
Grapevine, TX
Fence disputes between Grapevine neighbors are governed by Texas Property Code 26. Cost-sharing is customary but not mandated. The city does not mediate priv...
Grapevine, TX
Grapevine allows backyard chickens with setback and coop requirements under Chapter 6 of the Code. Roosters are generally prohibited in residential zones. Li...
Grapevine, TX
Grapevine does not ban any specific dog breed. Texas Health and Safety Code 822 preempts breed-specific legislation statewide. Dangerous-dog classifications ...
Side-by-side rule comparisons with other cities in Tarrant County.
See how other cities in Tarrant County handle polystyrene foam rules.
See how Grapevine's polystyrene foam rules rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.