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.
Midland, TX
Midland prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and towed ...
Midland, TX
Midland regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new cons...
Midland, TX
Midland regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Midland, TX
Midland requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Midland, TX
Midland requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Midland, TX
Midland restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nuisanc...
See how Midland's plastic straw rules rules stack up against other locations.
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