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.
Conroe, TX
Conroe Chapter 10 (Animals) and Chapter 26 (Nuisances) address barking dogs. Persistent barking that disturbs neighbors constitutes a nuisance. Animal Contro...
Conroe, TX
Conroe has no specific leaf blower ordinance. Leaf blower use is subject to general nuisance noise provisions under Chapter 26, Sec. 26-33. No ban on gas-pow...
Conroe, TX
Conroe regulates nuisance noise under Chapter 26 (Environment). Because Conroe has no zoning, industrial and residential uses may be adjacent. The general nu...
Conroe, TX
Conroe Code Chapter 26 prohibits unreasonable noise that disturbs neighbors. No specific decibel limits are codified, but nuisance noise is enforceable as a ...
Conroe, TX
Conroe does not codify specific construction hours but noise from construction must not constitute a nuisance under Chapter 26. All construction requires per...
Conroe, TX
Conroe Chapter 66 regulates street parking. Oversized vehicles (6+ wheels, RVs, trailers) require a police department permit on residential streets. Junked v...
See how Conroe'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 If you notice an error or outdated information, let us know.