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.
Keller, TX
Keller limits construction noise to roughly 7 AM to 8 PM weekdays and Saturdays, with tighter limits on Sundays and holidays. Emergency utility work is exemp...
Keller, TX
Keller combines a plainly audible standard with dB limits at the receiving property line, typically low 60s dBA daytime and mid 50s dBA nighttime in resident...
Keller, TX
Keller requires residential driveways to be paved with concrete or approved hard-surface material. New curb cuts or driveway approaches in the public right-o...
Keller, TX
Retaining walls over 4 feet measured from grade to top require a Keller building permit and Texas-registered engineered plans. Walls must not block drainage ...
Keller, TX
Keller bans no dog breed. TX Health and Safety Code 822 (Lillian's Law) uses a behavior-based dangerous dog standard. HOAs may privately restrict breeds.
Keller, TX
Keller limits grass, weeds, and rank vegetation to 12 inches on all lots including the parkway strip. Code Enforcement uses a 10-day notice before abatement....
Side-by-side rule comparisons with other cities in Tarrant County.
See how other cities in Tarrant County handle polystyrene foam rules.
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