Texas Ordinances (2026)

Texas Health & Safety Code 822.047 prohibits any Texas city or county from regulating dogs based on breed. Local breed bans against pit bulls, Rottweilers, or other breeds are unenforceable in every Texas municipality.

Texas Health & Safety Code Chapter 822 Subchapter E governs ownership of dangerous wild animals — lions, tigers, bears, primates, and more. Owners must register with their county or city animal-registration agency and meet liability and caging standards.

Texas Health & Safety Code Chapter 487 limits cannabis dispensing to a small number of state-licensed Compassionate Use Program providers. There are no recreational dispensaries anywhere in Texas, and cities cannot license additional ones.

Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.

Texas HB 1819 (88th Legislature, 2023), codified at Local Government Code 341.906 / 351.906 / 370.004, prohibits all Texas municipalities and counties from adopting or enforcing juvenile curfew ordinances. Existing local curfews expired automatically and are unenforceable across Texas.

Texas Government Code Chapter 423 preempts local commercial drone rules and FAA Part 107 governs commercial flight nationwide. Texas cities cannot require their own drone permits or fees for Part 107 operators delivering or surveying.

Texas Government Code Chapter 423 occupies the field of unmanned aircraft regulation. Cities and counties cannot adopt their own recreational drone ordinances, though limited municipal rules over takeoff and landing on public property remain.

Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.

Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.

HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.

Texas Occupations Code Chapter 2154 governs fireworks sales and use, while Health & Safety Code Chapter 352 limits how cities and counties can restrict consumer fireworks. The State Fire Marshal licenses retailers across Texas.

Texas Health & Safety Code Chapter 382 and TCEQ rule 30 TAC 111.219 establish a statewide prohibition on outdoor burning, with narrow exceptions for prescribed burning, firefighter training, fires for warmth or cooking, and certain agricultural and on-site disposal burns. Counties may issue burn bans tightening these rules.

Texas authorizes License to Carry (LTC) holders to carry concealed handguns statewide under Government Code Chapter 411. Since 2021, permitless constitutional carry under HB 1927 also allows most adults 21 and older to carry without a license, with municipalities preempted from added restrictions.

Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.

Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.

Texas Penal Code 46.02(a-1) lets any non-prohibited adult lawfully carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry, provided the firearm is not in plain view and the person is not engaged in criminal activity or gang membership.

The Texas Cottage Food Law (Health & Safety Code Chapter 437, Subchapter A) authorizes home-based production and sale of certain non-potentially-hazardous foods statewide. Cities and counties cannot prohibit cottage food operations or require permits for them.

Texas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must follow state minimum standards, and cannot be banned solely by zoning.

Texas Government Code Chapter 673 requires every state agency and any business that contracts with a state agency to register for and use the federal E-Verify system to confirm the work eligibility of new employees. Private-sector E-Verify use is generally voluntary statewide.

Texas Government Code Chapter 752, enacted by Senate Bill 4 in 2017, prohibits any local entity, campus police department, or jail from adopting sanctuary policies. Local officials must honor federal immigration detainer requests and may not bar officers from inquiring about immigration status.

Texas Property Code 202.007 prohibits HOAs from banning rainwater harvesting systems, and Health & Safety Code 341.042 sets statewide standards for harvested rainwater used as a potable supply. Rainwater harvesting is broadly protected and encouraged in every Texas city and county.

Aircraft noise in flight is regulated exclusively by the FAA under federal law (49 U.S.C. 40103, 14 CFR Part 36, 91, 150). Texas cities and counties cannot impose noise limits on aircraft operations, though they may regulate ground-based airport activities through Texas Transportation Code Chapter 22.

Texas Property Code 202.019 prevents HOAs from prohibiting electric vehicle charging stations at a homeowner's dwelling. Owners across Texas may install Level 2 chargers in their garages or driveways subject only to reasonable conditions.

Texas Property Code Chapter 24 sets the exclusive procedure for residential evictions statewide. Cities cannot require landlords to show 'just cause' to terminate a month-to-month tenancy or refuse renewal, beyond the state's notice rules.

Texas Local Government Code 214.902 forbids cities from adopting rent control ordinances except in narrow disaster-related circumstances approved by the governor. Statewide, no Texas city can cap residential rent increases or set base rents.

Texas Local Government Code 214.902 caps rental registration and inspection programs, and Property Code Chapter 92 sets statewide landlord-tenant disclosure and habitability rules. Texas cities may register rental units only within state limits, and tenant protections apply universally.

Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.

The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. SB 1421 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.

Texas Election Code Chapter 259 and Property Code 202.009 protect the display of political signs on private residential property. Cities, counties, and HOAs cannot prohibit residents from displaying political signs subject only to narrow time, size, and safety limits.

The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.

Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.

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.

Texas Property Code 202.010 prevents homeowners associations from prohibiting solar energy devices on a homeowner's property. HOAs may impose reasonable aesthetic conditions but cannot ban rooftop solar across Texas neighborhoods.

Texas Health & Safety Code Chapter 757 establishes minimum pool yard enclosure requirements statewide, including a 48-inch fence height, self-closing self-latching gates, and limits on climbable surfaces. The rules apply to multi-unit residential pools across all Texas cities.

Texas Health & Safety Code Chapter 757 sets statewide pool yard enclosure, drain cover, and entrapment prevention standards for residential, multi-unit, and public swimming pools. The rules apply uniformly across every Texas city and county.

Texas Health and Safety Code Chapter 161 sets the minimum age for purchasing or possessing tobacco and e-cigarette products at 21 statewide, aligned with federal Tobacco 21. Active military members 18 and older are exempt. The standard applies uniformly across all Texas municipalities.