Travis County, TX Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- Statute
- TX HSC 361.0961
- Coverage
- All solid waste containers
- Local ban
- Not enforceable
- Voluntary swap
- Allowed
Summary
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.
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or (3) assess a fee or deposit on the sale or use of a container or package.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Can Austin ban foam takeout?
Are biodegradable swaps required?
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas single-use items overview
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