Texas state law preempts local regulation of single-use food service items including plastic straws. Houston has no straw ban or upon-request rule; restaurants distribute plastic straws freely without local penalties or fees.
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. Houston 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. Houston restaurants and bars distribute plastic, paper, or other straws at their discretion. The Houston Health Department supports voluntary plastic reduction campaigns and partners with environmental nonprofits, but enforcement authority is limited to encouragement. Customers seeking alternatives can request paper or no straw, but vendors are not required to comply with any single-use cutlery ordinance.
No Houston ordinance regulates single-use straws; food service businesses face no local penalties for plastic straw distribution. Texas state preemption blocks municipal enforcement.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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