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.
Laredo, TX
Laredo allows residential fire pits under 3 feet diameter, 25 feet from structures and supervised. Gas and propane pits are exempt from Webb County burn bans.
Laredo, TX
Laredo requires property owners to clear brush, tall weeds, and combustible vegetation over 12 inches to reduce wildfire risk in the South Texas brushland al...
Laredo, TX
Laredo lies in the South Texas brushland wildfire corridor. Texas A&M Forest Service maps moderate to high risk for Rio Grande floodplain and mesquite brush....
Laredo, TX
Laredo follows the International Fire Code and Texas law requiring smoke alarms in every bedroom, outside sleeping areas, and on each level. Landlords must m...
Laredo, TX
Laredo Utilities enforces year-round water conservation and a four-stage drought plan. Landscape irrigation is limited to designated days and evening hours. ...
Laredo, TX
Laredo has no general residential tree preservation ordinance. Owners may remove trees on private land without a permit, though commercial developments must ...
See how Laredo's plastic straw rules rules stack up against other locations.
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