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.
Willis, TX
Willis §92.21 specifically prohibits keeping any animal or bird that makes frequent or long-continued sounds unreasonably disturbing neighbors. Animal contro...
Willis, TX
Willis Code §92.21 prohibits sound nuisances that unreasonably annoy, disturb, injure, or endanger the peace, comfort, repose, health, or safety of a reasona...
Willis, TX
Willis has no specific leaf blower ordinance. Leaf blower use is subject to §92.21 general nuisance provisions. No ban on gas-powered equipment.
Willis, TX
Willis §92.21 prohibits the use of drums, loudspeakers, and amplifiers to attract attention by creating noise without a city secretary permit. Residential am...
Willis, TX
Driveway construction in Willis requires building permits under Chapter 150 (Building Codes). Zoning Code (Chapter 155) sets off-street parking requirements....
Willis, TX
RV and boat parking in Willis is subject to zoning ordinance (Chapter 155) requirements and Texas Transportation Code. Residential zones may restrict long-te...
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