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.
Lewisville, TX
Lewisville treats persistent barking as a noise disturbance under Ch. 18. A dog barking continuously for 15 minutes or intermittently for 30 minutes triggers...
Lewisville, TX
Lewisville sits about 10 miles south of DFW International Airport with regular overflight noise. Federal law preempts local regulation of flight paths and al...
Lewisville, TX
Lewisville limits construction noise to 7 a.m. to 8 p.m. Monday through Saturday under Ch. 18. Sunday and holiday work requires a special permit from Buildin...
Lewisville, TX
Lewisville prohibits amplified music plainly audible at a neighboring property during quiet hours of 10 p.m. to 7 a.m. under Ch. 18. City events require soun...
Lewisville, TX
Lewisville uses a plainly-audible standard rather than fixed decibel limits under Ch. 18. No dBA thresholds are codified; officers may use sound meters as ev...
Lewisville, TX
Lewisville regulates outdoor music under Ch. 18. Live and recorded music must not be plainly audible at neighboring property during quiet hours of 10 p.m. to...
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