A construction worker remakes a window sill at the Ruben Salazar apartment complex on June 4. El Paso will be under a heat advisory over the next two days. (Diego Mendoza-Moyers / El Paso Matters)
YES.
A state law passed in June 2023 prevents local governments in Texas from mandating businesses implement practices, such as employment leave and breaks, that exceed or conflict with federal or state law for employers. The bill went into effect on Sept. 1, 2023, even after a state district judge called it unconstitutional.
House Bill 2127 eliminates such local ordinances
statewide, including mandated water breaks for construction workers like those previously adopted in Austin and Dallas.
The law does not affect labor requirements set by private employers or organizations, who can create their own guidelines on water breaks.
A similar law in Florida prevents local governments from establishing mandates on heat exposures, minimum wage and
scheduling. It goes into effect July 1, 2024.
California, Washington, Oregon and Colorado are the only states that have laws outlining requirements for workers facing outdoor heat exposure. Minnesota has a law regulating indoor heat exposure.
