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.
Pharr, TX
Construction noise in Pharr is governed by local ordinance. Standard South Texas practice allows construction during daytime hours. Verify current hours with...
Pharr, TX
Pharr's noise ordinance is codified in the municipal code hosted on Municode. Quiet hours are enforced evenings and early mornings. Violations are Class C mi...
Pharr, TX
Aircraft noise is federally regulated. Pharr is near McAllen-Miller International Airport (MFE). Local ordinances cannot override FAA authority.
Pharr, TX
Persistent barking is enforceable as a nuisance under Pharr's animal and nuisance ordinances. Officer warning typically required before citation.
Pharr, TX
Street parking in Pharr is governed by local traffic ordinances and TX Transportation Code. Generally permitted except in designated no-parking zones.
Pharr, TX
Abandoned and junked vehicles are regulated under TX Transportation Code §683 and Pharr's nuisance ordinance. Inoperable vehicles may be cited and towed.
See how Pharr's polystyrene foam rules rules stack up against other locations.
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