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Travis County, TX Single-Use Items: Polystyrene Foam Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Statute
TX HSC 361.0961
Coverage
All solid waste containers
Local ban
Not enforceable
Voluntary swap
Allowed

Summary

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.

City-specific rules exist: Austin has its own polystyrene foam rules rules that differ from Travis County's county-level regulations. If you live in Austin, check the city-specific page instead.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or (3) assess a fee or deposit on the sale or use of a container or package.

Source: Texas Statutes HSC 361View official code

Full Breakdown

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.

Violations & Fines

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.

Frequently Asked Questions

Can Austin ban foam takeout?
No. The Laredo Merchants decision and TX HSC 361.0961 preempt local container bans of any material. Austin and Travis County cannot mandate alternatives to polystyrene foam.
Are biodegradable swaps required?
No. Travis County cannot require fiber, compostable, or recycled-content alternatives. Retailers may switch voluntarily, and many Austin businesses have for marketing or sustainability reasons.

Sources & Official References

Other rules in Travis County

All Travis County rules

Texas rules heatmap·Compare Travis County to another location·View the Texas single-use items overview

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Polystyrene Foam Rules in Cities Across Travis County