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.
Mission, TX
Mission Code Chapter 42, Article VI governs noise. Quiet hours generally enforced in the evenings and early mornings. Violations are Class C misdemeanors wit...
Mission, TX
Aircraft noise is federally regulated. Mission is in the Rio Grande Valley near McAllen-Miller International Airport. Local ordinances cannot override FAA au...
Mission, TX
Persistent barking is a nuisance violation under Mission's noise and animal ordinances. Officers may issue warnings before citations.
Mission, TX
Construction noise in Mission is governed by Chapter 42, Article VI. Standard South Texas practice allows construction during daytime hours. Verify current h...
Mission, TX
RV and boat storage is regulated under Mission's zoning code. Street parking of oversized vehicles may be time-limited. Verify with Mission Planning & Zoning.
Mission, TX
Abandoned and junked vehicles are regulated under TX Transportation Code §683 and Mission's nuisance ordinances. Inoperable vehicles on public streets are su...
See how Mission's polystyrene foam rules rules stack up against other locations.
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