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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cedar Park, TX
Cedar Park city parks are closed to vehicles and the public after posted hours; vehicles remaining in the park after closure are subject to towing. Park-hour...
Cedar Park, TX
Cedar Park has no juvenile curfew. The city's prior curfew ordinance was repealed in full by Ordinance CO28.23.09.14.E1 on September 14, 2023, after Texas HB...
Cedar Park, TX
Under Code Art. 6.04, it is unlawful for any peddler or solicitor to enter property displaying a posted 'No Solicitation,' 'No Peddlers,' 'No Trespassing,' o...
Cedar Park, TX
Cedar Park Code Art. 6.04 requires a city-issued permit for any peddler or solicitor; applications are filed online through MyGovernmentOnline with a 72-hour...
Cedar Park, TX
Cedar Park does not have a dedicated sidewalk-vending ordinance; sidewalk sales must comply with the Peddlers and Solicitors rules (Code Art. 6.04), Mobile F...
Cedar Park, TX
Under Code Art. 6.06, mobile food vendors may operate as 'semi-stationary' units on private property with the owner's written permission or as itinerant vend...
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