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.
Amarillo, TX
Amarillo has no municipal ordinance restricting leaf blower use by time of day, decibel level, or fuel type. Noise complaints are handled under Texas Penal C...
Amarillo, TX
Amarillo has no municipal noise ordinance covering industrial or commercial operations. Noise complaints are handled under Texas state law, which prohibits u...
Amarillo, TX
Amarillo requires a building permit for any swimming pool barrier or enclosure, whether residential or commercial. The barrier must meet Texas Health & Safet...
Amarillo, TX
Amarillo's Chapter 8-2 regulates domestic animals and fowl but contains no explicit prohibition on feeding feral or wild animals. Keeping wild animals inside...
Amarillo, TX
Amarillo caps combined dogs and cats per household at four, and prohibits keeping animals in overcrowded or unsanitary conditions under Chapter 8-2. Animal M...
Amarillo, TX
Amarillo enforces smoke-alarm requirements through its adopted 2021 International Residential Code (Ordinance 7101) and the statewide Texas Health & Safety C...
See how Amarillo's plastic straw rules rules stack up against other locations.
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