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.
Little Elm, TX
Little Elm does not establish specific numeric decibel limits in its noise ordinance. Instead, Sec. 70-55 uses a reasonable-person standard, prohibiting nois...
Little Elm, TX
Little Elm regulates amplified music through Sec. 70-55, restricting radios, TVs, musical instruments, loudspeakers, and similar devices in residential areas...
Little Elm, TX
Little Elm regulates industrial and commercial noise through the general noise ordinance in Sec. 70-55. Industrial operations in nonresidential districts mus...
Little Elm, TX
Little Elm specifically prohibits outdoor music in parks, public places, and nonresidential districts without a town-approved special event permit or facilit...
Little Elm, TX
Little Elm restricts construction, maintenance, repair, alteration, and demolition work in residential districts and quiet zones to daytime hours. Under Sec....
Little Elm, TX
Little Elm enforces noise restrictions under Chapter 70, Article III of the Town Code. Sound devices including radios, TVs, and musical instruments are prohi...
See how Little Elm's plastic straw rules rules stack up against other locations.
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