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.
Fulshear, TX
Fulshear Code of Ordinances Chapter 18, Article VI (Noise) sets nighttime hours from 10:01 PM to 6:59 AM in residential areas, with daytime hours from 7:00 A...
Fulshear, TX
Fulshear regulates fences through Appendix A (Zoning) and Chapter 8 Article II (Construction Standards). Residential fences follow district rules with reduce...
Fulshear, TX
Fulshear requires property owners to obtain a permit before constructing a new fence or replacing more than fifty percent of an existing fence on residential...
Fulshear, TX
Fulshear Code of Ordinances Chapter 6 (Animals) governs dog restraint and running-at-large rules within city limits, layered with Texas Health and Safety Cod...
Fulshear, TX
Fulshear property owners must keep lots clear of high weeds, grass, and accumulated brush that constitute a public nuisance, or face abatement and lien costs.
Fulshear, TX
Fulshear's burn ban ordinance automatically adopts Fort Bend County's outdoor burning prohibition inside city limits, with violations punishable by fines up ...
See how Fulshear'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 If you notice an error or outdated information, let us know.