Texas Health and Safety Code section 361.0961 preempts cities and counties from regulating containers and packages, which the Texas Supreme Court Laredo case extends to polystyrene foam. Harris County cannot ban Styrofoam takeout containers. Restaurants and grocers freely use polystyrene packaging countywide.
Texas Health and Safety Code 361.0961, the Solid Waste Disposal Act preemption clause interpreted by City of Laredo v. Laredo Merchants Association (2018), bars Texas cities and counties from regulating containers and packages, including polystyrene foam. Harris County has no expanded polystyrene ordinance and is preempted from enacting one. Restaurants, school cafeterias, and grocery stores across Harris County freely use foam clamshells, cups, and trays. The Texas Restaurant Association cites the ruling whenever local proposals surface. Federal FDA rules still govern food-contact safety of polystyrene. Harris County Public Health and Engineering pursue voluntary recycling and litter education only. Some commercial recyclers accept clean expanded polystyrene from restaurants and offices.
Harris County imposes no penalty on polystyrene foam containers because the county has no ordinance and is preempted from creating one. State litter laws under Health and Safety Code chapter 365 still apply to discarded foam packaging in unincorporated areas.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
La Porte, TX
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La Porte, TX
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La Porte, TX
La Porte Code of Ordinances Chapter 14 (Animals) addresses barking dogs as a nuisance. A dog that barks, howls, or makes excessive noise continuously that di...
La Porte, TX
La Porte does not have a specific ordinance restricting leaf blower use. Gas-powered and electric leaf blowers are permitted for residential and commercial l...
La Porte, TX
La Porte regulates the parking and storage of recreational vehicles, boats, and trailers on residential property through its zoning and property maintenance ...
La Porte, TX
La Porte requires driveways to meet city standards for materials, width, and construction. Vehicles must be parked on paved surfaces β parking on grass, dirt...
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