Texas state law preempts local regulation of single-use food service items including plastic straws. Austin has no straw ban or upon-request rule; restaurants distribute plastic straws freely without local penalties or fees.
Texas Health and Safety Code Section 361.0961, as construed in the 2018 Laredo Merchants ruling, preempts local ordinances regulating disposable food service containers and accessories. Austin cannot ban plastic straws or require restaurants to provide them only on request, unlike cities such as Seattle, Washington DC, and California cities operating under different state frameworks. Austin restaurants and bars distribute plastic, paper, or other straws at their discretion. Austin Resource Recovery supports voluntary plastic reduction campaigns and partners with environmental nonprofits, but enforcement authority is limited to encouragement. Customers seeking alternatives can request paper or no straw, but vendors are not required to comply with any single-use cutlery ordinance.
No Austin ordinance regulates single-use straws; food service businesses face no local penalties for plastic straw distribution. Texas state preemption blocks municipal enforcement.
Austin, TX
Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Austin has no polystyrene ban and cannot ...
Austin, TX
Austin adopted a single-use carryout bag ordinance in 2013, but the 2018 Texas Supreme Court Laredo Merchants ruling invalidated it. Austin no longer enforce...
See how Austin's plastic straw rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.