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.
Denton, TX
Denton Code Sec. 6-9 prohibits any animal from creating noise that interferes with neighbors' reasonable enjoyment of their property. Residents within 300 fe...
Denton, TX
Denton Sec. 17-20 uses a reasonableness standard rather than fixed decibel limits for most noise sources. The one specific numeric limit is 70 dBA at the eve...
Denton, TX
Denton Code Ch. 17, Art. II (Sec. 17-20) prohibits noise of such character, intensity, and duration as to substantially interfere with comfortable enjoyment ...
Denton, TX
Denton Sec. 17-20 caps outdoor amplified events at 70 dBA measured at the event perimeter. The Fry Street entertainment district near UNT and the downtown co...
Denton, TX
Denton has no standalone leaf blower ordinance. Leaf blowers are regulated under the general noise provisions of Sec. 17-20 and the construction-hours framew...
Denton, TX
Denton caps outdoor amplified sound at 70 dBA at the event perimeter under Sec. 17-20. Special event permits from the city are required for outdoor concerts,...
See how Denton's plastic straw rules rules stack up against other locations.
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