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.
Haltom City, TX
Haltom City allows outdoor live music subject to Chapter 54. Amplified outdoor music must stop by 10 p.m. and must not be plainly audible 50 feet beyond the ...
Haltom City, TX
Haltom City does not publish a detailed decibel schedule. Enforcement uses the plainly audible standard plus TX Penal Code 42.01, which treats noise over 85 ...
Haltom City, TX
Haltom City has no dedicated leaf blower ordinance. Gas and electric blowers are allowed without time-of-day restrictions beyond the general Chapter 54 noise...
Haltom City, TX
Haltom City requires a driveway permit from Public Works for new or expanded driveway approaches. Residential driveways must be concrete or asphalt, meet wid...
Haltom City, TX
Haltom City enforces Texas Transportation Code Chapter 683 on abandoned vehicles. Vehicles left on streets over 48 hours or visibly inoperable on private pro...
Haltom City, TX
Haltom City prohibits parking of commercial vehicles over one-ton capacity and most trailers in residential zones. Service pickups under the limit may park a...
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