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.
Brownsville, TX
Brownsville regulates noise under Chapter 46, Article III of the city code. Sound levels vary by zoning district and time of day. Residential areas have lowe...
Brownsville, TX
Brownsville regulates construction noise under its noise ordinance. Construction activities near residential areas must comply with sound level guidelines an...
Brownsville, TX
Brownsville addresses barking dogs under its animal control and noise ordinances. Dogs that bark persistently and disturb neighbors may be declared a nuisance.
Brownsville, TX
Brownsville regulates on-street parking through its traffic code. Time limits apply in commercial and downtown areas. Vehicles must not park for extended per...
Brownsville, TX
Brownsville restricts large commercial vehicles from parking in residential neighborhoods. Semi-trucks and heavy equipment should not be stored on residentia...
Brownsville, TX
Brownsville requires permits for new driveways connecting to public streets. Driveways must meet city engineering standards for width and materials.
See how Brownsville's plastic straw rules rules stack up against other locations.
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