Plastic straw bans by Texas municipalities are preempted under Health and Safety Code Section 361.0961 and reinforced by HB 2127 (2023). Cities cannot prohibit or restrict food service businesses from offering single-use plastic straws to customers.
Section 361.0961 prevents Texas cities from regulating containers or packages, including disposable food service items, for solid waste purposes. While straws were not the focus of City of Laredo v. Laredo Merchants Association, the broad statutory language and HB 2127 (2023) field preemption of local commerce regulation foreclose municipal plastic straw bans, on-request distribution mandates, or material substitution requirements directed at private restaurants. Cities may set rules for their own facilities and government operations. Voluntary restaurant programs and consumer choice initiatives remain lawful. State agencies retain regulatory authority over solid waste under TCEQ.
Local straw ordinances are void and unenforceable against private businesses; HB 2127 provides for declaratory and injunctive relief and trade association standing to challenge ordinances.
Allen, TX
Construction in Allen is permitted 7 AM to 7 PM Monday through Saturday, with no Sunday or federal holiday work allowed in residential zones. Allen Code Chap...
Allen, TX
Allen enforces quiet hours 10 PM to 7 AM weekdays and 11 PM to 8 AM weekends under Code of Ordinances Chapter 6, Article VI. Violations are Class C misdemean...
Allen, TX
Commercial properties in Allen must not exceed 65 dBA at adjacent residential property lines during daytime or 55 dBA at night. HVAC, loading docks, and driv...
Allen, TX
Allen prohibits habitual barking that disturbs neighbors under Chapter 2 (Animal Control). Owners may be cited after documented complaints. Texas HSC Chapter...
Allen, TX
Allen permits gas and electric leaf blowers during general landscaping hours of 7 AM to 7 PM. No citywide gas ban exists, unlike several California cities. C...
Allen, TX
Amplified music audible beyond 50 feet of a property line, or past 10 PM weeknights and 11 PM weekends, violates Allen nuisance ordinances. Allen Event Cente...
Side-by-side rule comparisons with other cities in Collin County.
See how other cities in Collin County handle plastic straw rules.
See how Allen's plastic straw rules rules stack up against other locations.
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