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

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Key Facts

Preemption Source: HSC 361.0961
Field Preemption: HB 2127
Government Self-Rules: Permitted
Private Business Mandates: Void

Texas state rule: Flower Mound does not have a local ordinance for plastic straw rules. This topic is governed by Texas state law and applies uniformly across the state.

Summary

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.

Full Breakdown

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.

Violations & Fines

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.

Frequently Asked Questions

Can a Texas restaurant choose to stop offering plastic straws?

Yes. Private restaurants are free to substitute paper straws or offer straws only on request as a business decision; the preemption only blocks government mandates.

Can Texas cities ban straws in city-owned facilities?

Cities can adopt internal procurement and operations policies for facilities they directly operate, but cannot impose those rules on private leaseholders or independent vendors.

Are biodegradable straw mandates allowed?

Mandates requiring private businesses to use specific straw materials are preempted as solid waste packaging regulation under Section 361.0961.

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

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