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.
Lewisville, TX
Lewisville treats persistent barking as a noise disturbance under Ch. 18. A dog barking continuously for 15 minutes or intermittently for 30 minutes triggers...
Lewisville, TX
Lewisville sits about 10 miles south of DFW International Airport with regular overflight noise. Federal law preempts local regulation of flight paths and al...
Lewisville, TX
Lewisville limits construction noise to 7 a.m. to 8 p.m. Monday through Saturday under Ch. 18. Sunday and holiday work requires a special permit from Buildin...
Lewisville, TX
Lewisville prohibits amplified music plainly audible at a neighboring property during quiet hours of 10 p.m. to 7 a.m. under Ch. 18. City events require soun...
Lewisville, TX
Lewisville uses a plainly-audible standard rather than fixed decibel limits under Ch. 18. No dBA thresholds are codified; officers may use sound meters as ev...
Lewisville, TX
Lewisville regulates outdoor music under Ch. 18. Live and recorded music must not be plainly audible at neighboring property during quiet hours of 10 p.m. to...
See how Lewisville's plastic straw rules rules stack up against other locations.
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