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.
Keller, TX
Keller limits construction noise to roughly 7 AM to 8 PM weekdays and Saturdays, with tighter limits on Sundays and holidays. Emergency utility work is exemp...
Keller, TX
Keller combines a plainly audible standard with dB limits at the receiving property line, typically low 60s dBA daytime and mid 50s dBA nighttime in resident...
Keller, TX
Keller requires residential driveways to be paved with concrete or approved hard-surface material. New curb cuts or driveway approaches in the public right-o...
Keller, TX
Retaining walls over 4 feet measured from grade to top require a Keller building permit and Texas-registered engineered plans. Walls must not block drainage ...
Keller, TX
Keller bans no dog breed. TX Health and Safety Code 822 (Lillian's Law) uses a behavior-based dangerous dog standard. HOAs may privately restrict breeds.
Keller, TX
Keller limits grass, weeds, and rank vegetation to 12 inches on all lots including the parkway strip. Code Enforcement uses a 10-day notice before abatement....
Side-by-side rule comparisons with other cities in Tarrant County.
See how other cities in Tarrant County handle plastic straw rules.
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