Bexar County, TX Single-Use Items: Plastic Straw Rules (2026)
Key Facts
- Straw ban
- None countywide
- On-request rule
- Not required
- Preemption risk
- TX HSC 361.0961
- ADA consideration
- Bendable straws available
Summary
Bexar County does not require restaurants to switch from plastic straws or to provide them only on request. Texas container preemption discourages local straw mandates, leaving the choice to each business.
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.
Full Breakdown
There is no Bexar County straw-on-request rule and no countywide ban on plastic straws. Texas Health and Safety Code Section 361.0961 and the 2018 Laredo Merchants ruling cast doubt on whether local governments could mandate alternative materials or fees on disposable foodservice items. Some Bexar County restaurants voluntarily switch to paper, compostable, or stainless straws, or provide straws only on request, for cost or sustainability reasons. Accessibility advocates have noted that bendable plastic straws remain important for people with certain disabilities, and any future local rule would need to address that. The Americans with Disabilities Act applies regardless of any local single-use-items rule.
Violations & Fines
There are no county penalties for providing or omitting plastic straws. Voluntary policies are enforced internally by individual restaurants and chains.
Frequently Asked Questions
Can a Bexar County restaurant give plastic straws automatically?
Is there a state law about plastic straws in Texas?
Sources & Official References
Other rules in Bexar County
Texas rules heatmap·Compare Bexar County to another location·View the Texas single-use items overview
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