Fort Worth, TX Single-Use Items: Plastic Straw Rules (2026)
Key Facts
- Preempting Statute
- Texas H&S Code Sec. 361.0961
- Fort Worth Rule
- No straw ban or request rule
- Voluntary Programs
- Environmental education only
- Customer Right
- Refuse straw at restaurants
Summary
Texas state law preempts local regulation of single-use food service items including plastic straws. Fort Worth has no straw ban or upon-request rule; restaurants distribute plastic straws freely without local penalties or fees.
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:(1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;(2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or(3) assess a fee or deposit on the sale or use of a container or package.
Full Breakdown
Texas Health and Safety Code Section 361.0961, as construed in the 2018 Laredo Merchants ruling, preempts local ordinances regulating disposable food service containers and accessories. Fort Worth cannot ban plastic straws or require restaurants to provide them only on request, unlike cities such as Seattle, Washington DC, and California cities operating under different state frameworks. Fort Worth restaurants, Stockyards bars, and Cultural District eateries distribute plastic, paper, or other straws at their discretion. The Fort Worth Environmental Quality Division supports voluntary plastic reduction campaigns and partners with environmental nonprofits, but enforcement authority is limited to encouragement. Customers may request paper or no straw, but vendors are not required to comply with any single-use cutlery ordinance.
Violations & Fines
No Fort Worth ordinance regulates single-use straws; food service businesses face no local penalties for plastic straw distribution. Texas state preemption blocks any municipal enforcement attempt.
Frequently Asked Questions
Are plastic straws legal in Fort Worth restaurants?
Can Fort Worth require straws only by request?
Sources & Official References
Other rules in Fort Worth
Texas rules heatmap·Compare Fort Worth to another location·View the Texas single-use items overview
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Plastic Straw Rules in Nearby Cities
How other cities in Tarrant County handle plastic straw rules.