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.
McKinney, TX
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McKinney, TX
McKinney does not have a citywide overnight parking ban on residential streets. Vehicles may remain on public streets but cannot stay in the same spot more t...
McKinney, TX
McKinney permits residential EV charger installation with an electrical permit through the Building Inspections Department. New commercial developments over ...
McKinney, TX
McKinney's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Politica...
McKinney, TX
McKinney has no specific City ordinance regulating residential inflatable holiday displays. The principal restrictions come from HOA covenants under the Texa...
McKinney, TX
McKinney has no citywide ordinance restricting residential holiday lights at single-family homes. Restrictions arise principally from HOA covenants under the...
Side-by-side rule comparisons with other cities in Collin County.
See how other cities in Collin County handle plastic straw rules.
See how McKinney's plastic straw rules rules stack up against other locations.
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