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Austin, TX Single-Use Items: Plastic Straw Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Preempting Statute
Texas H&S Code Sec. 361.0961
Austin Rule
No straw ban or request rule
Voluntary Programs
Resource Recovery education only
Customer Right
Refuse straw at restaurants

Summary

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.

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; ... or (3) assess a fee or deposit on the sale or use of a container or package.

Source: Austin City CodeView official code

Full Breakdown

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.

Violations & Fines

No Austin ordinance regulates single-use straws; food service businesses face no local penalties for plastic straw distribution. Texas state preemption blocks municipal enforcement.

Frequently Asked Questions

Are plastic straws legal in Austin restaurants?
Yes. Austin has no plastic straw ban or upon-request requirement. Texas state law preempts local regulation, so restaurants freely distribute plastic straws to customers without restriction.
Can Austin require straws only by request?
Not under current Texas law. Section 361.0961 preempts local single-use item ordinances per the Laredo Supreme Court decision. Texas legislative changes would be required first.

Sources & Official References

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All Austin rules

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