Skip to main content
CityRuleLookup

Harris County, TX Single-Use Items: Plastic Straw Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Preemption authority
TX H&S 361.0961, Laredo 2018
County straw rule
None enacted
Default service
Plastic straws by default
Voluntary programs
Some chain switches

Summary

Texas Health and Safety Code section 361.0961 and the 2018 Laredo Supreme Court decision preempt city and county regulation of single-use packaging, which restaurant lawyers extend to plastic straws. Harris County has no straw ordinance, and no upon-request rule applies countywide.

These county ordinances apply to unincorporated areas of Harris County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POL...GoReset Texas Constitution and Statutes chevron_right Texas Constitution chevron_right Agriculture Code chevron_right Alcoholic Beverage Code chevron_right Auxiliary Water Laws chevron_right Business & Commerce Code chevron_right Business Organizations Code chevron_right Civil Practice and Remedies Code chevron_right Code of Criminal Procedure chevron_right Education Code chevron_right Election Code chevron_right Estates Code chevron_right Family Code chevron_right Finance Code chevron_right Government Code chevron_right Health and Safety Code chevron_right Human Resources Code chevron_right Insurance Code chevron_right Insurance Code - Not Codified chevron_right L

Source: TX H&S Code 361.0961View official code

Full Breakdown

Texas does not restrict plastic straws, and Health and Safety Code 361.0961 as interpreted by City of Laredo v. Laredo Merchants Association (2018) preempts local regulation of single-use food-service items. Harris County has never enacted an upon-request straw rule or paper-only mandate. Restaurants in Houston, Pasadena, Baytown, Sugar Land, and unincorporated Harris County freely provide plastic straws by default. Some chains, including Starbucks and McDonald, voluntarily switched to paper or strawless lids countywide. Harris County Public Health nutrition outreach promotes voluntary reduction. Federal accessibility rules under the ADA require restaurants to offer flexible plastic straws to disabled customers if any straw alternative is offered.

Violations & Fines

Harris County imposes no penalty on plastic straw distribution because no ordinance exists and the county is preempted from creating one. ADA accessibility violations under federal law could carry civil penalties up to seventy-five thousand dollars for first offenses.

Frequently Asked Questions

Can Harris County require restaurants to give straws only on request?
No. Texas Health and Safety Code 361.0961 and the 2018 Laredo Supreme Court ruling preempt local regulation of single-use food packaging and service items. Harris County cannot mandate upon-request straw rules.
Do any Harris County restaurants ban plastic straws voluntarily?
Yes. National chains like Starbucks and McDonald switched to strawless lids or paper alternatives at their Harris County locations. Independent restaurants vary; ADA accessibility rules require flexible plastic straws on request.

Sources & Official References

Other rules in Harris County

All Harris County rules

Texas rules heatmap·Compare Harris County to another location·View the Texas single-use items overview

Get notified when Plastic Straw Rules in Harris County, TX changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Plastic Straw Rules in Cities Across Harris County