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.
Round Rock, TX
Round Rock restricts construction noise to 7 AMβ7 PM Monday through Friday. Weekend and holiday construction outside these hours is prohibited under the nois...
Round Rock, TX
Round Rock Code Chapter 14, Article VIII establishes time-based quiet hours and uses a 'plainly audible' standard. Quiet hours run 10 PMβ7 AM on weekdays and...
Round Rock, TX
Round Rock Chapter 14 and Chapter 4 (Animals) address barking dogs as a public nuisance. Persistent barking that unreasonably disturbs neighbors is enforceab...
Round Rock, TX
Round Rock requires driveways to comply with impervious cover limits and obtain permits for new or expanded driveway construction. Vehicles may be parked on ...
Round Rock, TX
Round Rock allows residential street parking subject to standard restrictions. Vehicles must face the direction of traffic, park no closer than 15 feet from ...
Round Rock, TX
Round Rock restricts commercial vehicle and heavy equipment parking in residential zones. Large commercial trucks and equipment may not be regularly stored o...
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