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Bexar County, TX Employment Preemption: Minimum Wage Preemption (2026)

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

Key Facts

State minimum wage
$7.25/hour
Preemption statute
TX Loc Govt 229.001
County authority
None over private wages
Federal floor
FLSA $7.25/hour

Summary

Texas Local Government Code Section 229.001 preempts Bexar County from setting a minimum wage above state law. The Texas minimum wage tracks the federal floor of 7.25 dollars per hour, leaving the county no authority to raise it.

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

Sec. 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL ENTITIES. (a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract.(b) This section does not apply to any state or federal job training or workforce development program.(c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity. A private entity that enters into a contract or agreement, including a non-annexation agreement

Source: Texas Local Government Code Chapter 229View official code

Full Breakdown

Texas Local Government Code Section 229.001 expressly bars counties and cities from regulating private employer wages, including establishing a local minimum wage above state law. The Texas Minimum Wage Act adopts the federal Fair Labor Standards Act rate of 7.25 dollars per hour. Bexar County therefore has no authority to set a higher county-wide private-sector minimum wage. The county may set wages for its own employees and may impose living-wage standards on direct contractors, but cannot mandate private employer pay floors. Federal exemptions, tip credits, and overtime rules continue to apply unchanged inside Bexar County.

Violations & Fines

There are no county minimum wage violations because the county cannot enforce a higher rate. Private wage disputes are handled by the Texas Workforce Commission or U.S. Department of Labor under federal FLSA rules.

Frequently Asked Questions

Can Bexar County require contractors to pay more?
Yes, in narrow circumstances. The county may require its own direct contractors to pay a higher living wage as a contracting condition, but cannot impose that on the broader private market.
Is Texas raising the minimum wage soon?
No state-level increase has been enacted. Texas continues to mirror the federal 7.25 dollar floor, and any change would require state legislative action, not county action.

Sources & Official References

Other rules in Bexar County

All Bexar County rules

Texas rules heatmap·Compare Bexar County to another location·View the Texas employment preemption overview

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Minimum Wage Preemption in Cities Across Bexar County