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.
Waco, TX
Waco regulates on-street parking through its traffic ordinances. Vehicles must observe posted signs, time limits, and restrictions near intersections, fire h...
Waco, TX
Waco restricts parking of large commercial vehicles in residential neighborhoods. Heavy trucks and commercial equipment should not be stored on residential s...
Waco, TX
Waco requires driveways to meet city standards for width, grade, and materials. Vehicles must be parked on improved surfaces, not on unpaved yards in residen...
Waco, TX
Waco regulates the parking and storage of recreational vehicles, boats, and trailers on residential properties. These vehicles must be stored in approved loc...
Waco, TX
Waco's zoning ordinance sets maximum fence heights in residential areas. Front yard fences are typically limited to 4 feet, while side and rear yard fences m...
Waco, TX
Texas law does not require neighbor consent before building a fence on your property, but Waco's code requires fences to be within property lines and sets st...
See how Waco's plastic straw rules rules stack up against other locations.
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