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.
Odessa, TX
Construction noise in Odessa is regulated under the general noise ordinance. Construction activities in or near residential areas are expected to occur durin...
Odessa, TX
Odessa addresses excessive barking dogs under its animal control and nuisance ordinances. Dogs that bark persistently and disturb neighbors may result in cit...
Odessa, TX
Odessa's noise ordinance (Code of Ordinances Art. 8-2) prohibits any unreasonably loud or disturbing noise that materially distresses a person of ordinary se...
Odessa, TX
Odessa requires that driveways meet city standards for width, materials, and construction. All vehicles must be parked on improved surfaces—parking on grass ...
Odessa, TX
Odessa regulates the parking and storage of recreational vehicles and boats on residential properties. RVs and boats must be stored on improved surfaces and ...
Odessa, TX
Odessa regulates street parking through its traffic and parking ordinances. Vehicles must not block traffic, driveways, or fire hydrants. Some areas have tim...
See how Odessa's plastic straw rules rules stack up against other locations.
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