Travis County cannot ban polystyrene foam containers because the same TX HSC 361.0961 preemption confirmed by Laredo Merchants v. Laredo applies to all solid waste containers, not just plastic bags.
Texas Health and Safety Code Section 361.0961 prohibits local governments from adopting ordinances that prohibit or restrict the sale or use of any solid waste container or package. The Texas Supreme Court applied this broadly in City of Laredo v. Laredo Merchants Association in 2018. The same statutory language reaches polystyrene foam clamshells, cups, and trays. Travis County therefore cannot ban polystyrene takeout containers in unincorporated areas. Retailers and restaurants can voluntarily switch to compostable or fiber-based alternatives, and the county can promote sustainability without imposing a mandatory ban.
No local polystyrene enforcement exists in Travis County. Restaurants using foam takeout containers operate lawfully under state preemption following Laredo Merchants and HSC Section 361.0961.
Pflugerville, TX
Pflugerville's Unified Development Code (UDC) Section 4.2 lists the residential zoning districts (SF-Suburban, SF-Mixed, SF-Urban, etc.) and Section 4.2.4 co...
Travis County, TX
Texas Senate Bill 4 (2017) prohibits sanctuary policies in Travis County, requires local jails to honor ICE detainers, and bans elected officials from limiti...
Travis County, TX
Texas HB 2127 (2023) preempted local paid sick leave mandates, voiding the Austin paid sick leave ordinance previously enjoined by the Texas Third Court of A...
Travis County, TX
Texas preempts local minimum wage laws under Local Government Code Chapter 229, leaving the federal $7.25 per hour rate as the floor for most private employe...
Travis County, TX
Travis County businesses pay the Texas franchise tax administered by the Comptroller rather than a local business income tax, and personal property used in b...
Travis County, TX
Hotels and short-term rentals in Travis County collect a combined hotel occupancy tax of roughly fifteen percent, including six percent state and up to nine ...
Side-by-side rule comparisons with other cities in Travis County.
See how Pflugerville's polystyrene foam rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.