Travis County, TX Single-Use Items: Plastic Straw Rules (2026)
Key Facts
- Statute
- TX HSC 361.0961
- Local rule
- None adopted
- On-request mandate
- Likely preempted
- Voluntary swap
- Allowed
Summary
Travis County does not regulate plastic straws because TX HSC 361.0961 preempts local container restrictions; restaurants may voluntarily offer paper or upon-request straw service without local mandate.
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; or (3) assess a fee or deposit on the sale or use of a container or package.
Full Breakdown
Plastic drinking straws fall within the scope of items that Texas Health and Safety Code Section 361.0961 protects from local prohibition or restriction. Following the 2018 Laredo Merchants ruling, attempts to mandate straws-on-request or ban plastic straws at the county or city level face the same preemption barrier as bag and foam bans. Travis County has not adopted a straw rule. Restaurants in unincorporated areas remain free to choose any straw type or to default to upon-request service voluntarily, and TCHHS does not include straw-handling rules in routine inspections.
Violations & Fines
There is no local straw enforcement. Travis County does not cite or fine restaurants for offering plastic straws, and state preemption blocks adoption of a mandatory upon-request rule.
Frequently Asked Questions
Are paper straws required in Austin?
Can a restaurant default to no straws?
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas single-use items overview
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