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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Stafford, TX
Stafford does not publish a dedicated municipal 'quiet hours' chapter the way many Texas cities do. Day-to-day noise enforcement in the city relies on two la...
Stafford, TX
Stafford requires swimming pools to be enclosed by compliant barriers with self-closing, self-latching gates to prevent accidental access by children.
Stafford, TX
Stafford requires building permits for new fences and major fence replacements, with applications reviewed for height, location, and material compliance with...
Stafford, TX
Stafford limits residential fence heights, with stricter rules along front yards and corner-lot sight triangles to preserve visibility and neighborhood chara...
Stafford, TX
Stafford requires property owners to keep lots clear of high weeds, brush, and rubbish that create fire or health nuisances, enforced through the General Cod...
Stafford, TX
Stafford prohibits the possession, sale, and use of fireworks anywhere within city limits, with exceptions only for permitted professional public displays ap...
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