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Bexar County, TX Single-Use Items: Plastic Straw Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Straw ban
None countywide
On-request rule
Not required
Preemption risk
TX HSC 361.0961
ADA consideration
Bendable straws available

Summary

Bexar County does not require restaurants to switch from plastic straws or to provide them only on request. Texas container preemption discourages local straw mandates, leaving the choice to each business.

City-specific rules exist: San Antonio has its own plastic straw rules rules that differ from Bexar County's county-level regulations. If you live in San Antonio, check the city-specific page instead.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.

Source: Texas Health and Safety CodeView official code

Full Breakdown

There is no Bexar County straw-on-request rule and no countywide ban on plastic straws. Texas Health and Safety Code Section 361.0961 and the 2018 Laredo Merchants ruling cast doubt on whether local governments could mandate alternative materials or fees on disposable foodservice items. Some Bexar County restaurants voluntarily switch to paper, compostable, or stainless straws, or provide straws only on request, for cost or sustainability reasons. Accessibility advocates have noted that bendable plastic straws remain important for people with certain disabilities, and any future local rule would need to address that. The Americans with Disabilities Act applies regardless of any local single-use-items rule.

Violations & Fines

There are no county penalties for providing or omitting plastic straws. Voluntary policies are enforced internally by individual restaurants and chains.

Frequently Asked Questions

Can a Bexar County restaurant give plastic straws automatically?
Yes. There is no county or state rule requiring straw-on-request service. Restaurants may continue to offer plastic straws, paper straws, or any combination they prefer.
Is there a state law about plastic straws in Texas?
No statewide ban or restriction exists. The state container preemption statute likely blocks most local straw bans, so Texas remains a permissive environment for plastic straw use.

Sources & Official References

Other rules in Bexar County

All Bexar County rules

Texas rules heatmap·Compare Bexar County to another location·View the Texas single-use items overview

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