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.
Little Elm, TX
Little Elm does not establish specific numeric decibel limits in its noise ordinance. Instead, Sec. 70-55 uses a reasonable-person standard, prohibiting nois...
Little Elm, TX
Little Elm regulates amplified music through Sec. 70-55, restricting radios, TVs, musical instruments, loudspeakers, and similar devices in residential areas...
Little Elm, TX
Little Elm regulates industrial and commercial noise through the general noise ordinance in Sec. 70-55. Industrial operations in nonresidential districts mus...
Little Elm, TX
Little Elm specifically prohibits outdoor music in parks, public places, and nonresidential districts without a town-approved special event permit or facilit...
Little Elm, TX
Little Elm restricts construction, maintenance, repair, alteration, and demolition work in residential districts and quiet zones to daytime hours. Under Sec....
Little Elm, TX
Little Elm enforces noise restrictions under Chapter 70, Article III of the Town Code. Sound devices including radios, TVs, and musical instruments are prohi...
See how Little Elm's polystyrene foam rules rules stack up against other locations.
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