Bexar County does not restrict expanded polystyrene foam containers. Texas container preemption under TX HSC Section 361.0961 likely blocks local foam bans, mirroring the outcome for plastic bag ordinances.
There is no Bexar County ordinance banning polystyrene foam takeout containers, cups, or coolers. Texas Health and Safety Code Section 361.0961, as interpreted in the 2018 Laredo Merchants decision, prohibits local rules that ban or fee containers used for solid waste purposes. Although that case addressed plastic bags, the statutory language reaches a broader category of containers and is widely viewed as foreclosing local foam bans absent a legislative carveout. County facilities may choose non-foam alternatives in their own purchasing, but private restaurants and retailers face no county foam mandate. Recycling options are limited because expanded polystyrene is not generally accepted in residential bins.
There are no county penalties for foam container use. Restaurants and retailers face no Bexar County mandate to switch from polystyrene to alternatives.
See how Live Oak's polystyrene foam rules rules stack up against other locations.
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