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.
Missouri City, TX
Missouri City permits wood, PVC vinyl, ornamental metal, and chain link fencing in residential yards, but prohibits barbed wire on residential lots except fo...
Missouri City, TX
Missouri City requires a fence permit for any fence taller than 7 feet and for masonry fences over 6 feet, while shorter standard fences generally do not nee...
Missouri City, TX
Missouri City's Zoning Ordinance Section 14 caps residential fences at 8 feet, with stricter limits for front yards where only ornamental open fencing is per...
Missouri City, TX
Open burning is prohibited inside Missouri City limits under Chapter 38 of the Code, with narrow exceptions only for barbecue pits used for cooking and appro...
Missouri City, TX
Missouri City restricts outdoor burning under Chapter 38, generally prohibiting open burning of trash, brush, and yard waste unless a fire marshal permit is ...
Missouri City, TX
Missouri City prohibits the sale, possession, and discharge of fireworks within the city limits and within 5,000 feet of the corporate boundary, with limited...
See how Missouri City's plastic straw rules rules stack up against other locations.
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